Home/Appellate Division of the Supreme Court of New York/Sitarek v. Board of Elections

Sitarek v. Board of Elections

143 A.D.2d 503, 533 N.Y.S.2d 257, 1988 N.Y. App. Div. LEXIS 10704
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 27, 1988
StatusPublished

This text of 143 A.D.2d 503 (Sitarek v. Board of Elections) 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.

Bluebook
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).

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.)

Free access — add to your briefcase to read the full text and ask questions with AI

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)

Cite This Page — Counsel Stack

Bluebook (online)
143 A.D.2d 503, 533 N.Y.S.2d 257, 1988 N.Y. App. Div. LEXIS 10704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sitarek-v-board-of-elections-nyappdiv-1988.