Pell v. Coveney

Appellate Division of the Supreme Court of New York

Pell v. Coveney

49 A.D.2d 713, 372 N.Y.S.2d 87, 1975 N.Y. App. Div. LEXIS 10607

Appellate Division of the Supreme Court of the State of New York·Decided August 28, 1975·Published

Opinion

In a proceeding to validate petitions designating petitioner Pell and also the added petitioners Messrs. Phillips, Avent, Terry and Lukeman as candidates in the Democratic Party primary election to be held on September 9, 1975, for certain public offices in the Town of Southold, the appeal is from a judgment of the Supreme Court, Suffolk County, entered August 25, 1975, which, inter alia, granted the application. Judgment reversed, on the law, without costs, and proceeding dismissed. A proceeding under CPLR article 78 may not be utilized to evade the time limitations of the Election Law. Gulotta, P. J., Rabin, Christ, Benjamin and Shapiro, JJ., concur.

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In a proceeding to validate petitions designating petitioner Pell and also the added petitioners Messrs. Phillips, Avent, Terry and Lukeman as candidates in the Democratic Party primary election to be held on September 9, 1975, for certain public offices in the Town of Southold, the appeal is from a judgment of the Supreme Court, Suffolk County, entered August 25, 1975, which, inter alia, granted the application. Judgment reversed, on the law, without costs, and proceeding dismissed. A proceeding under CPLR article 78 may not be utilized to evade the time limitations of the Election Law. Gulotta, P. J., Rabin, Christ, Benjamin and Shapiro, JJ., concur.

Pell v. Coveney, 49 A.D.2d 713, 372 N.Y.S.2d 87, 1975 N.Y. App. Div. LEXIS 10607 (N.Y. Ct. App. 1975).

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