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Matter of Marin v. Bd. of Elections of the State of New York

490 N.E.2d 531, 67 N.Y.2d 634, 499 N.Y.S.2d 664, 1986 N.Y. LEXIS 16730
CourtNew York Court of Appeals
DecidedJanuary 16, 1986
StatusPublished
Cited by17 cases

This text of 490 N.E.2d 531 (Matter of Marin v. Bd. of Elections of the State 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.

Bluebook
Matter of Marin v. Bd. of Elections of the State of New York, 490 N.E.2d 531, 67 N.Y.2d 634, 499 N.Y.S.2d 664, 1986 N.Y. LEXIS 16730 (N.Y. 1986).

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and petition dismissed. Question certified answered in the affirmative. We agree with the dissenters below that the failure to join all of the persons elected to party office at the September 17, 1984 organizational meeting of the Liberal Party State Committee within the time required by Election Law § 16-102 (2) was a defect that could not be cured by amendment pursuant to CPLR 1003 after the expira *637 tian of the limitation period (Burns v Board of Elections, 65 NY2d 949; Matter of Greenspan v O’Rourke, 27 NY2d 846; Matter of Suthergreen v Westall, 6 AD2d 1014; see, Liberal Party of State of N. Y. v Board of Elections, 65 NY2d 949).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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490 N.E.2d 531, 67 N.Y.2d 634, 499 N.Y.S.2d 664, 1986 N.Y. LEXIS 16730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-marin-v-bd-of-elections-of-the-state-of-new-york-ny-1986.