Perla v. Mahoney

Appellate Division of the Supreme Court of New York

Perla v. Mahoney

104 A.D.2d 731, 480 N.Y.S.2d 634, 1984 N.Y. App. Div. LEXIS 20156

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

DecidedSeptember 21, 1984

StatusPublished

This text of 104 A.D.2d 731 (Perla v. Mahoney) 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.

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Perla v. Mahoney, 104 A.D.2d 731, 480 N.Y.S.2d 634, 1984 N.Y. App. Div. LEXIS 20156 (N.Y. Ct. App. 1984).

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Opinion

Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Petitioners appeal from an order denying their application to validate their designating petitions as candidates for the party office of Member of the Erie County Democratic Committee in the Democratic primary election to be held on September 11, 1984. On the return date of the motion no proof was taken and no affidavits were submitted by petitioners or respondents pertaining to the dates notices were sent out by the Board of its determinations or the dates of receipt of said notices by petitioners. Under these circumstances, it is impossible to determine whether facts exist which would bring the case within the rule of Matter of Pell v Coveney (37 NY2d 494). (Appeal from order of Supreme Court, Erie County, Francis, J. — Election Law.) Present — Hancock, Jr., J. P., Callahan, Green, O’Donnell and Moule, JJ. (Order entered Aug. 22, 1984.)

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Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Petitioners appeal from an order denying their application to validate their designating petitions as candidates for the party office of Member of the Erie County Democratic Committee in the Democratic primary election to be held on September 11, 1984. On the return date of the motion no proof was taken and no affidavits were submitted by petitioners or respondents pertaining to the dates notices were sent out by the Board of its determinations or the dates of receipt of said notices by petitioners. Under these circumstances, it is impossible to determine whether facts exist which would bring the case within the rule of Matter of Pell v Coveney (37 NY2d 494). (Appeal from order of Supreme Court, Erie County, Francis, J. — Election Law.) Present — Hancock, Jr., J. P., Callahan, Green, O’Donnell and Moule, JJ. (Order entered Aug. 22, 1984.)

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104 A.D.2d 731, 480 N.Y.S.2d 634, 1984 N.Y. App. Div. LEXIS 20156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perla-v-mahoney-nyappdiv-1984.

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