Matter of Gregory v. Bd. of Elections of the City of New York
This text of 450 N.E.2d 217 (Matter of Gregory v. Bd. of Elections of the City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
*670 OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
Issues with respect to the timeliness of the institution of the invalidation proceeding and the manner of service of the order to show cause do not go to subject matter jurisdiction and were waived by the candidate’s participation in the proceeding. As to the remaining issue, the determination, concurred in by all the Justices in the Appellate Division, that Mrs. Gill is not a resident of the Community School Board District in which she is a candidate for office more nearly comports with the weight of the evidence.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur; Judge Fuchsberg taking no part.
Order affirmed, without costs, in a memorandum.
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Cite This Page — Counsel Stack
450 N.E.2d 217, 59 N.Y.2d 668, 463 N.Y.S.2d 411, 1983 N.Y. LEXIS 3058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-gregory-v-bd-of-elections-of-the-city-of-new-york-ny-1983.