Simmons v. Jaros

Appellate Division of the Supreme Court of New York

Simmons v. Jaros

255 A.D.2d 939, 679 N.Y.S.2d 859, 1998 N.Y. App. Div. LEXIS 12176

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1998·Published·Cited by 1 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: Respondents failed to file written objections to the petition pursuant to Election Law § 6-154 (2). Further, respondents did not move to invalidate the petition pursuant to Election Law § 16-102. Respondents therefore may not raise their present challenge to the petition (see, Matter of Brosnan v Black, 104 AD2d 469, 471, affd 63 NY2d 692; see also, Matter of Swift v Huested, 176 AD2d 980). (Appeal from Order of Supreme Court, Erie County, Sconiers, J. — Election Law.) Present — Denman, P. J., Green, Pine, Hayes and Boehm, JJ. (Filed Oct. 21, 1998.)

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—Order unanimously affirmed without costs. Memorandum: Respondents failed to file written objections to the petition pursuant to Election Law § 6-154 (2). Further, respondents did not move to invalidate the petition pursuant to Election Law § 16-102. Respondents therefore may not raise their present challenge to the petition (see, Matter of Brosnan v Black, 104 AD2d 469, 471, affd 63 NY2d 692; see also, Matter of Swift v Huested, 176 AD2d 980). (Appeal from Order of Supreme Court, Erie County, Sconiers, J. — Election Law.) Present — Denman, P. J., Green, Pine, Hayes and Boehm, JJ. (Filed Oct. 21, 1998.)

Simmons v. Jaros, 255 A.D.2d 939, 679 N.Y.S.2d 859, 1998 N.Y. App. Div. LEXIS 12176 (N.Y. Ct. App. 1998).

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