Summary
noting Board of Election would have been without jurisdiction to nominate candidate where the candidate failed to comply with § 6-148
Summary of this case from Diaz v. New York City Board of ElectionsOpinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Killeen, J.
Present — Callahan, J.P., Denman, Boomer and Schnepp, JJ. (Decided Oct. 25, 1985.)
Judgment unanimously affirmed, without costs, for reasons stated in memorandum decision at Supreme Court, Erie County, Killeen, J. Furthermore, the Board of Elections would not have been authorized to place Lo Tempio's name on the ballot since there was a failure of compliance with Election Law § 6-148 (5) (see, Matter of Scott v Curran, 277 App. Div. 344, 345, affd 301 N.Y. 693).