Scibilia v. Northrup

Appellate Division of the Supreme Court of New York

Scibilia v. Northrup

45 A.D.2d 946, 358 N.Y.S.2d 789, 1974 N.Y. App. Div. LEXIS 4195

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

DecidedAugust 23, 1974

StatusPublished

Cited by2 cases

This text of 45 A.D.2d 946 (Scibilia v. Northrup) 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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Scibilia v. Northrup, 45 A.D.2d 946, 358 N.Y.S.2d 789, 1974 N.Y. App. Div. LEXIS 4195 (N.Y. Ct. App. 1974).

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Opinion

Order unanimously reversed, without costs, and petition granted. Memorandum: Petitioners brought a special proceeding under section 330 of the Election Law. It was not commenced within 14 days of the last day in which designating petitions were required to be filed which was July 15, 1974. Special Term dismissed it on the ground that the proceeding was not timely brought under subdivision 1 of section 330 of the Election Law. Such dismissal was not proper (see Matter of Brownrout v. Mahoney, 45 A D 2d 945). Furthermore, the specifications of the grounds of the objections were not filed within the time limit prescribed by section 145 of the Election Law. Therefore the petition should be granted and respondents directed to place petitioners’ names on the ballot. (Matter of Molloy v. Lawley, 32 A D 2d 175.) (Appeal from order of Monroe Special Term in proceeding to validate designating petitions.) Present — Marsh, P. J., Witmer, Moule, Mahoney and Goldman, JJ.

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Order unanimously reversed, without costs, and petition granted. Memorandum: Petitioners brought a special proceeding under section 330 of the Election Law. It was not commenced within 14 days of the last day in which designating petitions were required to be filed which was July 15, 1974. Special Term dismissed it on the ground that the proceeding was not timely brought under subdivision 1 of section 330 of the Election Law. Such dismissal was not proper (see Matter of Brownrout v. Mahoney, 45 A D 2d 945). Furthermore, the specifications of the grounds of the objections were not filed within the time limit prescribed by section 145 of the Election Law. Therefore the petition should be granted and respondents directed to place petitioners’ names on the ballot. (Matter of Molloy v. Lawley, 32 A D 2d 175.) (Appeal from order of Monroe Special Term in proceeding to validate designating petitions.) Present — Marsh, P. J., Witmer, Moule, Mahoney and Goldman, JJ.

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Bluebook (online)

45 A.D.2d 946, 358 N.Y.S.2d 789, 1974 N.Y. App. Div. LEXIS 4195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scibilia-v-northrup-nyappdiv-1974.

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