Vanderlip v. Mahoney

Appellate Division of the Supreme Court of New York

Vanderlip v. Mahoney

59 A.D.2d 643, 398 N.Y.S.2d 296, 1977 N.Y. App. Div. LEXIS 13508

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

DecidedSeptember 16, 1977

StatusPublished

Cited by1 cases

This text of 59 A.D.2d 643 (Vanderlip 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.

Bluebook

Vanderlip v. Mahoney, 59 A.D.2d 643, 398 N.Y.S.2d 296, 1977 N.Y. App. Div. LEXIS 13508 (N.Y. Ct. App. 1977).

Pincite

Opinion

Order unanimously affirmed, without costs. Memorandum: Petitioner brought a special proceeding under section 330 of the Election Law for reinstatement as a candidate in the Democratic primary for Councilman at Large. The board of elections’ determination was made on July 28 or 29, 1977 and a special proceeding was instituted on July 29, 1977, more than 14 days after the last day to file [644]*644designating petitions. The Supreme Court properly reinstated petitioner on the ground that the proceeding was timely brought after notification of the board decision (Matter of Pell v Coveney, 37 NY2d 494; Matter of Brownrout v Mahoney, 45 AD2d 945; Matter of Jones v Gallo, 37 AD2d 793) and on the ground that there are sufficient valid signatures to bring the petition into substantial compliance with the Election Law (Matter of Rosen v McNab, 25 NY2d 798; Matter of Weiss v Mahoney, 49 AD2d 796; Matter of Jones v Gallo, supra). (Appeal from order of Erie Supreme Court—Election Law.) Present—Marsh, P. J., Simons, Dillon, Denman and Witmer, JJ. (Decided Aug. 24, 1977.)

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

Order unanimously affirmed, without costs. Memorandum: Petitioner brought a special proceeding under section 330 of the Election Law for reinstatement as a candidate in the Democratic primary for Councilman at Large. The board of elections’ determination was made on July 28 or 29, 1977 and a special proceeding was instituted on July 29, 1977, more than 14 days after the last day to file [644]*644designating petitions. The Supreme Court properly reinstated petitioner on the ground that the proceeding was timely brought after notification of the board decision (Matter of Pell v Coveney, 37 NY2d 494; Matter of Brownrout v Mahoney, 45 AD2d 945; Matter of Jones v Gallo, 37 AD2d 793) and on the ground that there are sufficient valid signatures to bring the petition into substantial compliance with the Election Law (Matter of Rosen v McNab, 25 NY2d 798; Matter of Weiss v Mahoney, 49 AD2d 796; Matter of Jones v Gallo, supra). (Appeal from order of Erie Supreme Court—Election Law.) Present—Marsh, P. J., Simons, Dillon, Denman and Witmer, JJ. (Decided Aug. 24, 1977.)

Cite This Page — Counsel Stack

Bluebook (online)

59 A.D.2d 643, 398 N.Y.S.2d 296, 1977 N.Y. App. Div. LEXIS 13508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanderlip-v-mahoney-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack