Garrow v. May

Appellate Division of the Supreme Court of New York

Garrow v. May

54 A.D.2d 781, 387 N.Y.S.2d 490, 1976 N.Y. App. Div. LEXIS 14464

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

DecidedOctober 12, 1976

StatusPublished

This text of 54 A.D.2d 781 (Garrow v. May) 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

Garrow v. May, 54 A.D.2d 781, 387 N.Y.S.2d 490, 1976 N.Y. App. Div. LEXIS 14464 (N.Y. Ct. App. 1976).

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Opinion

from an order of the Supreme Court at Special Term, entered October 8, 1976 in Albany County, which reinstated a judgment of the same court, entered August 6, 1976, granting, by default, petitioner’s application, in a proceeding pursuant to section 330 of the Election Law, to declare invalid the petition designating appellant, Andrew W. Ryan, Jr., as a candidate of the Conservative Party for member of the Assembly for the 111th Assembly District. Special Term lacked jurisdiction to grant the August 6 judgment since the proceeding challenging appellant Ryan’s designating petition was not commenced within the 14-day period prescribed by section 330 of the Election Law (Matter of Bruno v Peyser, 40 NY2d 827). The prior order of Mr. Justice Conway signed October 5 vacating the August 6 judgment and directing the appellant State Board of Elections to place the name of appellant Ryan on the ballot as the Conservative Party candidate in the November 2 general election for the public office of Member of the Assembly for the 111th Assembly District is reinstated. Order reversed, on the law and the facts, without costs. Greenblott, J. P., Kane, Mahoney, Larkin and Herlihy, JJ., concur.

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from an order of the Supreme Court at Special Term, entered October 8, 1976 in Albany County, which reinstated a judgment of the same court, entered August 6, 1976, granting, by default, petitioner’s application, in a proceeding pursuant to section 330 of the Election Law, to declare invalid the petition designating appellant, Andrew W. Ryan, Jr., as a candidate of the Conservative Party for member of the Assembly for the 111th Assembly District. Special Term lacked jurisdiction to grant the August 6 judgment since the proceeding challenging appellant Ryan’s designating petition was not commenced within the 14-day period prescribed by section 330 of the Election Law (Matter of Bruno v Peyser, 40 NY2d 827). The prior order of Mr. Justice Conway signed October 5 vacating the August 6 judgment and directing the appellant State Board of Elections to place the name of appellant Ryan on the ballot as the Conservative Party candidate in the November 2 general election for the public office of Member of the Assembly for the 111th Assembly District is reinstated. Order reversed, on the law and the facts, without costs. Greenblott, J. P., Kane, Mahoney, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

54 A.D.2d 781, 387 N.Y.S.2d 490, 1976 N.Y. App. Div. LEXIS 14464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrow-v-may-nyappdiv-1976.

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