Zebracki v. Mahoney

Appellate Division of the Supreme Court of New York

Zebracki v. Mahoney

104 A.D.2d 729, 480 N.Y.S.2d 638, 1984 N.Y. App. Div. LEXIS 20152

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

DecidedSeptember 21, 1984

StatusPublished

This text of 104 A.D.2d 729 (Zebracki 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.

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Zebracki v. Mahoney, 104 A.D.2d 729, 480 N.Y.S.2d 638, 1984 N.Y. App. Div. LEXIS 20152 (N.Y. Ct. App. 1984).

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Opinion

— Order unanimously reversed, without costs, and petition dismissed. Memorandum: Special Term erred in granting this petition filed pursuant to subdivision 2 of section 16-102 of the Election Law. The Boárd of Elections mailed its notice to petitioner on August 8, 1984. The last date to commence a special proceeding would have been August 9,1984 and petitioners did not commence their proceeding until August 13, 1984. The direct cause of the delay in receipt of petitioner Zebracki’s notice was the fact that she had moved. However, Zebracki failed to notify the Board of Elections that she had moved. Under these circumstances, Matter of Pell v Coveney (37 NY2d 494) does not apply. (Appeal from order of Supreme Court, Erie County, Kubiniec, J. — Election Law.) Present — Hancock, Jr., J. P., Callahan, Green, O’Donnell, Moule, JJ. (Order entered Aug. 22, 1984.)

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— Order unanimously reversed, without costs, and petition dismissed. Memorandum: Special Term erred in granting this petition filed pursuant to subdivision 2 of section 16-102 of the Election Law. The Boárd of Elections mailed its notice to petitioner on August 8, 1984. The last date to commence a special proceeding would have been August 9,1984 and petitioners did not commence their proceeding until August 13, 1984. The direct cause of the delay in receipt of petitioner Zebracki’s notice was the fact that she had moved. However, Zebracki failed to notify the Board of Elections that she had moved. Under these circumstances, Matter of Pell v Coveney (37 NY2d 494) does not apply. (Appeal from order of Supreme Court, Erie County, Kubiniec, J. — Election Law.) Present — Hancock, Jr., J. P., Callahan, Green, O’Donnell, Moule, JJ. (Order entered Aug. 22, 1984.)

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104 A.D.2d 729, 480 N.Y.S.2d 638, 1984 N.Y. App. Div. LEXIS 20152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zebracki-v-mahoney-nyappdiv-1984.

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