Monroe v. Lomenzo

Appellate Division of the Supreme Court of New York

Monroe v. Lomenzo

40 A.D.2d 727, 336 N.Y.S.2d 291, 1972 N.Y. App. Div. LEXIS 3803

Appellate Division of the Supreme Court of the State of New York·Decided October 5, 1972·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered October 2, 1972 in Albany County, in a proceeding pursuant to section 330 of the Election Law, which dismissed petitioner’s application to compel the Secretary of State to file a certificate of acceptance of her nomination as the Economy Party candidate for the Office of State Senator. The failure to timely file a certificate of acceptance as required by subdivision 15 of section 149-a of the Election Law is, under the present circumstances, a fatal defect and the court has no discretionary power to excuse such defect. (Election Law, § 143, subd. 12; cf. Matter of Bates v. Beyer, 36 A D 2d 735.) Judgment affirmed, without costs. Herlihy, P. J., Sweeney, Simons, Kane and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered October 2, 1972 in Albany County, in a proceeding pursuant to section 330 of the Election Law, which dismissed petitioner’s application to compel the Secretary of State to file a certificate of acceptance of her nomination as the Economy Party candidate for the Office of State Senator. The failure to timely file a certificate of acceptance as required by subdivision 15 of section 149-a of the Election Law is, under the present circumstances, a fatal defect and the court has no discretionary power to excuse such defect. (Election Law, § 143, subd. 12; cf. Matter of Bates v. Beyer, 36 A D 2d 735.) Judgment affirmed, without costs. Herlihy, P. J., Sweeney, Simons, Kane and Reynolds, JJ., concur.

Monroe v. Lomenzo, 40 A.D.2d 727, 336 N.Y.S.2d 291, 1972 N.Y. App. Div. LEXIS 3803 (N.Y. Ct. App. 1972).

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Opinion

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