Nelson v. Vitetta

Appellate Division of the Supreme Court of New York

Nelson v. Vitetta

55 A.D.2d 862, 1976 N.Y. App. Div. LEXIS 15686

Appellate Division of the Supreme Court of the State of New York·Decided August 25, 1976·Published

Opinion

In a proceeding to validate a petition designating appellant Viola C. Nelson as a candidate in the Republican Party primary to be held on September 14, 1976 for the public office of State Assemblyman from the 91st Assembly District, the appeal is from a judgment of the Supreme Court, Westchester County, entered August 9, 1976, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. Matter of Pell v Coveney (37 NY2d 494) is distinguishable upon its facts. In that case, the board of elections did not make its determination until after the time for the commencement of a proceeding under section 330 of the Election Law had passed. Latham, Acting P. J., Cohalan, Hargett, Rabin and Shapiro, JJ., concur.

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In a proceeding to validate a petition designating appellant Viola C. Nelson as a candidate in the Republican Party primary to be held on September 14, 1976 for the public office of State Assemblyman from the 91st Assembly District, the appeal is from a judgment of the Supreme Court, Westchester County, entered August 9, 1976, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. Matter of Pell v Coveney (37 NY2d 494) is distinguishable upon its facts. In that case, the board of elections did not make its determination until after the time for the commencement of a proceeding under section 330 of the Election Law had passed. Latham, Acting P. J., Cohalan, Hargett, Rabin and Shapiro, JJ., concur.

Nelson v. Vitetta, 55 A.D.2d 862, 1976 N.Y. App. Div. LEXIS 15686 (N.Y. Ct. App. 1976).

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Opinion

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