Leirer v. Suffolk County Committee of the Conservative Party of New York State

Appellate Division of the Supreme Court of New York

Leirer v. Suffolk County Committee of the Conservative Party of New York State

166 A.D.2d 449, 561 N.Y.S.2d 146, 1990 N.Y. App. Div. LEXIS 11831

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1990·Published·Cited by 3 cases

Opinion

In a proceeding pursuant to CPLR article 78 to review the election of officers to the Suffolk County Committee of the Conservative Party of New York State and the adoption of party rules which took place at a purported party organizational convention, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Stark, J.) entered May 24, 1989, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court’s conclusion that the instant proceeding was subject to the 10-day period of limitation set forth in Election Law § 16-102 (2). Since the instant proceeding was commenced after that period had expired, it was untimely (see, Matter of Marin v Board of Elections, 67 NY2d 634; Sack v Board of Elections, 65 NY2d 958). Thompson, J. P., Lawrence, Miller and O’Brien, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review the election of officers to the Suffolk County Committee of the Conservative Party of New York State and the adoption of party rules which took place at a purported party organizational convention, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Stark, J.) entered May 24, 1989, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court’s conclusion that the instant proceeding was subject to the 10-day period of limitation set forth in Election Law § 16-102 (2). Since the instant proceeding was commenced after that period had expired, it was untimely (see, Matter of Marin v Board of Elections, 67 NY2d 634; Sack v Board of Elections, 65 NY2d 958). Thompson, J. P., Lawrence, Miller and O’Brien, JJ., concur.

Leirer v. Suffolk County Committee of the Conservative Party of New York State, 166 A.D.2d 449, 561 N.Y.S.2d 146, 1990 N.Y. App. Div. LEXIS 11831 (N.Y. Ct. App. 1990).

Pincite

166 A.D.2d 449 (Leirer v. Suffolk County Committee of the Conservative Party of New York State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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