Novak v. Nash

Appellate Division of the Supreme Court of New York

Novak v. Nash

40 A.D.2d 728, 336 N.Y.S.2d 616, 1972 N.Y. App. Div. LEXIS 3714

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

DecidedOctober 19, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 728 (Novak v. Nash) 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

Novak v. Nash, 40 A.D.2d 728, 336 N.Y.S.2d 616, 1972 N.Y. App. Div. LEXIS 3714 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, dated October 17, 1972, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel the Board of Elections of Columbia County to place the name of Albert J. Lockwood on the ballot for the November election as the candidate of the Citizen’s Party for the office of County Clerk. Although a proceeding pursuant to CPLR article 78 is a proper vehicle for obtaining the relief sought herein, the present proceeding must be dismissed since it was not timely commenced and, further, since petitioner has no standing. (Matter of Van Lengen v. Balbanian, 50 Misc 2d 652, affd. 26 A D 2d 622, affd. 17 N Y 2d 920; Matter of Mansfield v. Epstein, 5 N Y 2d 70, 73; Election Law, § 330.) Judgment reversed, on the law and the facts, and petition, dismissed. Staley, Jr,, J. P., Greenblott, Sweeney, Reynolds and Kane, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Supreme Court at Special Term, dated October 17, 1972, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel the Board of Elections of Columbia County to place the name of Albert J. Lockwood on the ballot for the November election as the candidate of the Citizen’s Party for the office of County Clerk. Although a proceeding pursuant to CPLR article 78 is a proper vehicle for obtaining the relief sought herein, the present proceeding must be dismissed since it was not timely commenced and, further, since petitioner has no standing. (Matter of Van Lengen v. Balbanian, 50 Misc 2d 652, affd. 26 A D 2d 622, affd. 17 N Y 2d 920; Matter of Mansfield v. Epstein, 5 N Y 2d 70, 73; Election Law, § 330.) Judgment reversed, on the law and the facts, and petition, dismissed. Staley, Jr,, J. P., Greenblott, Sweeney, Reynolds and Kane, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 728, 336 N.Y.S.2d 616, 1972 N.Y. App. Div. LEXIS 3714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/novak-v-nash-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack