Flynn v. Olma

Appellate Division of the Supreme Court of New York

Flynn v. Olma

286 A.D.2d 568, 730 N.Y.S.2d 592, 2001 N.Y. App. Div. LEXIS 8142

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 22, 2001

StatusPublished

Cited by2 cases

This text of 286 A.D.2d 568 (Flynn v. Olma) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flynn v. Olma, 286 A.D.2d 568, 730 N.Y.S.2d 592, 2001 N.Y. App. Div. LEXIS 8142 (N.Y. Ct. App. 2001).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Petitioner commenced this special proceeding seeking to invalidate the designating petitions and authorizations filed on behalf of respondent candidates for the Independence Party primary election to be held on September 11, 2001 (see, Election Law § 6-120 [3]). A challenge to the election of officers at a party committee meeting must be brought within 10 days after the meeting is held (see, Election Law § 16-102 [2]). Here, chairper[569]*569sons of competing factions within the party were elected at competing organizational meetings held on November 7, 2000, and neither faction challenged the organizational meeting of the other within the 10-day time limitation. Supreme Court therefore properly dismissed the petition as time-barred (see, Matter of Valin v Adamczyk, 286 AD2d 566 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Election Law.) Present — Pigott, Jr., P. J., Green, Pine, Wisner and Lawton, JJ.

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—Order unanimously affirmed without costs. Memorandum: Petitioner commenced this special proceeding seeking to invalidate the designating petitions and authorizations filed on behalf of respondent candidates for the Independence Party primary election to be held on September 11, 2001 (see, Election Law § 6-120 [3]). A challenge to the election of officers at a party committee meeting must be brought within 10 days after the meeting is held (see, Election Law § 16-102 [2]). Here, chairper[569]*569sons of competing factions within the party were elected at competing organizational meetings held on November 7, 2000, and neither faction challenged the organizational meeting of the other within the 10-day time limitation. Supreme Court therefore properly dismissed the petition as time-barred (see, Matter of Valin v Adamczyk, 286 AD2d 566 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Election Law.) Present — Pigott, Jr., P. J., Green, Pine, Wisner and Lawton, JJ.

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Bluebook (online)

286 A.D.2d 568, 730 N.Y.S.2d 592, 2001 N.Y. App. Div. LEXIS 8142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-olma-nyappdiv-2001.

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