Home/New York Court of Appeals/MATTER OF THOMPSON v. Wallace

MATTER OF THOMPSON v. Wallace

381 N.E.2d 164, 45 N.Y.2d 803, 409 N.Y.S.2d 6, 1978 N.Y. LEXIS 2229
New York Court of Appeals·Decided September 1, 1978·Published·Cited by 13 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Inasmuch as petitioner is an objector to respondent’s designating petition, rather than the candidate against whose petition the objections were filed, petitioner’s failure to commence this proceeding to invalidate the designating petitions within the 14-day period (Election Law, § 16-102, subd 2) is fatal (compare Matter of Bruno v Peyser, 40 NY2d 827, 828, with Matter of Pell v Coveney, 37 NY2d 494). Petitioner’s assertion that he may avoid the 14-day statutory limitation because he is a candidate for the same office as respondent is untenable (see Matter of Pell v Coveney, supra). Since it was petitioner who objected to the designating petition, he was obligated to commence this proceeding within the statutory time period, irrespective of any determination by the Board of Elections.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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MATTER OF THOMPSON v. Wallace, 381 N.E.2d 164, 45 N.Y.2d 803, 409 N.Y.S.2d 6, 1978 N.Y. LEXIS 2229 (N.Y. 1978).

381 N.E.2d 164 (MATTER OF THOMPSON v. Wallace) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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