IN THE MATTER OF SCHROEDER v. SMITH


21 A.D.3d 511 (2005)

800 N.Y.S.2d 224

In the Matter of LINDA M. SCHROEDER et al., Appellants, v. BARBARA J. SMITH et al., Respondents, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 17, 2005.


Ordered that the final order is affirmed, without costs or disbursements.

Contrary to the petitioners' contention, there was no material alteration with respect to the total number of signatures witnessed on sheet 12 of the designating petition. Rather, the alleged alteration to that portion of sheet 12 was an overwriting which did not change what was originally written (see Matter of McShane v. Coveney, 37 N.Y.2d 789, 791...

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