Mundt v. Lomenzo

Appellate Division of the Supreme Court of New York

Mundt v. Lomenzo

34 A.D.2d 1035, 311 N.Y.S.2d 392, 1970 N.Y. App. Div. LEXIS 4553

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 11, 1970

StatusPublished

Cited by2 cases

This text of 34 A.D.2d 1035 (Mundt v. Lomenzo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mundt v. Lomenzo, 34 A.D.2d 1035, 311 N.Y.S.2d 392, 1970 N.Y. App. Div. LEXIS 4553 (N.Y. Ct. App. 1970).

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Opinion

Memorandum by the Court. Appeal from a judgment of the Supreme Court at Special Term, entered June 3, 1970 in Albany County, which denied a petition under section 330 of the Election Law to validate a petition designating petitioner, an enrolled member of the Democratic Party, as the Liberal Party’s candidate for the office of State Senator, 37th Senate District. Respondent correctly determined that the designating petition was not valid in the absence of the timely filing of a certificate of authorization by the State Executive Committee of the Liberal Party (Election Law, § 137, subd. 4; cf. Matter of Langley v. Erway, 57 Mise 2d 1, affd. 30 A D 2d 711, affd. 22 N Y 2d 781). There was no adequate excuse shown for noncompliance with the rules and regulations of the State Committee of the Liberal Party (Matter of Quinn v. Power, 28 A D 2d 687, affd. 20 [1036]*1036N Y 2d 682). Judgment affirmed, without costs. Application for permission •to appeal to the Court of Appeals denied. Herlihy, P. J., Aulisi, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by the court.

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Memorandum by the Court. Appeal from a judgment of the Supreme Court at Special Term, entered June 3, 1970 in Albany County, which denied a petition under section 330 of the Election Law to validate a petition designating petitioner, an enrolled member of the Democratic Party, as the Liberal Party’s candidate for the office of State Senator, 37th Senate District. Respondent correctly determined that the designating petition was not valid in the absence of the timely filing of a certificate of authorization by the State Executive Committee of the Liberal Party (Election Law, § 137, subd. 4; cf. Matter of Langley v. Erway, 57 Mise 2d 1, affd. 30 A D 2d 711, affd. 22 N Y 2d 781). There was no adequate excuse shown for noncompliance with the rules and regulations of the State Committee of the Liberal Party (Matter of Quinn v. Power, 28 A D 2d 687, affd. 20 [1036]*1036N Y 2d 682). Judgment affirmed, without costs. Application for permission •to appeal to the Court of Appeals denied. Herlihy, P. J., Aulisi, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by the court.

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Bluebook (online)

34 A.D.2d 1035, 311 N.Y.S.2d 392, 1970 N.Y. App. Div. LEXIS 4553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mundt-v-lomenzo-nyappdiv-1970.

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