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Sitarek v. Board of Elections

143 A.D.2d 503, 533 N.Y.S.2d 257, 1988 N.Y. App. Div. LEXIS 10704
Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1988·Published

Opinion

Order unanimously reversed without costs and petition dismissed. Memorandum: Neither the order to show cause nor the petition included the objector as a party and, therefore, should have been dismissed by the trial court (Matter of Gadsen v Board of Elections, 57 NY2d 751 [1982]). Moreover, the validation proceeding was not timely commenced under section 16-102 of the Election Law (Matter of Pell v Coveney, 37 NY2d 494 [1975]). Finally, petitioners did not comply with section 16-116 of the Election Law, which requires a verified petition in order to commence a special proceeding (Matter of Goodman v Hayduk, 45 NY2d 804; Matter of Callahan v Russo, 123 AD2d 518). (Appeals from order of Supreme Court, Erie County, Sedita J. — Election Law.) Present — Doerr, J. P., Denman, Boomer, Lawton and Davis, JJ. (Order entered Aug. 26, 1988.)

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Sitarek v. Board of Elections, 143 A.D.2d 503, 533 N.Y.S.2d 257, 1988 N.Y. App. Div. LEXIS 10704 (N.Y. Ct. App. 1988).

143 A.D.2d 503 (Sitarek v. Board of Elections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

MATTER OF GOODMAN v. Hayduk
381 N.E.2d 165 (New York Court of Appeals, 1978)
Matter of Gadsen v. Bd. of Elections of the City of New York
440 N.E.2d 1329 (New York Court of Appeals, 1982)
Pell v. Coveney
336 N.E.2d 421 (New York Court of Appeals, 1975)
Callahan v. Russo
123 A.D.2d 518 (Appellate Division of the Supreme Court of New York, 1986)