Harris v. Williams

Appellate Division of the Supreme Court of New York

Harris v. Williams

264 A.D.2d 453, 694 N.Y.S.2d 144, 1999 N.Y. App. Div. LEXIS 8781

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

DecidedAugust 18, 1999

StatusPublished

This text of 264 A.D.2d 453 (Harris v. Williams) 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

Harris v. Williams, 264 A.D.2d 453, 694 N.Y.S.2d 144, 1999 N.Y. App. Div. LEXIS 8781 (N.Y. Ct. App. 1999).

Pincite

Opinion

In a proceeding pursuant to Election Law article 16 to invalidate a petition designating Patrick Williams as a candidate in a primary election to be held on September 14, 1999, for the nomination of the Independence Party as its candidate for the public office of Member of the Nassau County Legislature for the First Legislative District, the appeal, as limited by the appellant’s brief, is from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Lockman, J.), entered August 9, 1999, as denied his motion to dismiss the petition.

Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioner purchased an index number, filed the signed order to show cause and, as the respondent Patrick Williams implicitly conceded, served him personally in accordance with the terms of the order to show cause within the applicable Statute of Limitations period. Accordingly, the Supreme Court properly determined that the petitioner’s failure to affix the index number and filing date to the petition served on Williams, as specified in the order to show cause, was not a jurisdictional defect and was excusable under the circumstances (see, Matter of City of Amsterdam v Board of Assessors, 237 AD2d 63; Maldonado v County of Suffolk, 229 AD2d 376). O’Brien, J. P., Santucci, Joy, Altman and Friedmann, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to Election Law article 16 to invalidate a petition designating Patrick Williams as a candidate in a primary election to be held on September 14, 1999, for the nomination of the Independence Party as its candidate for the public office of Member of the Nassau County Legislature for the First Legislative District, the appeal, as limited by the appellant’s brief, is from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Lockman, J.), entered August 9, 1999, as denied his motion to dismiss the petition.

Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioner purchased an index number, filed the signed order to show cause and, as the respondent Patrick Williams implicitly conceded, served him personally in accordance with the terms of the order to show cause within the applicable Statute of Limitations period. Accordingly, the Supreme Court properly determined that the petitioner’s failure to affix the index number and filing date to the petition served on Williams, as specified in the order to show cause, was not a jurisdictional defect and was excusable under the circumstances (see, Matter of City of Amsterdam v Board of Assessors, 237 AD2d 63; Maldonado v County of Suffolk, 229 AD2d 376). O’Brien, J. P., Santucci, Joy, Altman and Friedmann, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

264 A.D.2d 453, 694 N.Y.S.2d 144, 1999 N.Y. App. Div. LEXIS 8781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-williams-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack