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Matter of Jackson v. Mains

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 1014 (N.Y. App. Div. 1985)

Opinion

December 20, 1985

Appeal from the Supreme Court, Monroe County, Galloway, J.

Present — Doerr, J.P., Green, O'Donnell, Pine and Schnepp, JJ. (Order entered Dec. 13, 1985.)


Order unanimously reversed, on the law, without costs, and petition reinstated. Memorandum: Special Term incorrectly concluded that the petition was insufficient. In our view the petition taken as a whole permitted the court to reach the merits. Pleadings should be liberally construed (CPLR 3026; see, H.M. Brown, Inc. v Price, 38 A.D.2d 680).

Furthermore, it was not necessary for petitioner to object in order to preserve the right for judicial review. Election Law § 16-106 allows a proceeding to protest the actions of the Board for the first time in Supreme Court.


Summaries of

Matter of Jackson v. Mains

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 1014 (N.Y. App. Div. 1985)
Case details for

Matter of Jackson v. Mains

Case Details

Full title:In the Matter of BEVERLY J. JACKSON, Appellant, v. TIM O. MAINS et al., as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 20, 1985

Citations

115 A.D.2d 1014 (N.Y. App. Div. 1985)