Summary
In Marin v Board of Elections (67 NY2d 634), petitioner sought a declaratory judgment to nullify, for alleged improprieties, a slate of candidates selected by a political party at an organizational meeting.
Summary of this case from Lindkvist v. Honest Ballot Assn.Opinion
Decided January 16, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J.
James D. Featherstonhaugh for appellants.
Raymond B. Harding for respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, without costs, and petition dismissed. Question certified answered in the affirmative. We agree with the dissenters below that the failure to join all of the persons elected to party office at the September 17, 1984 organizational meeting of the Liberal Party State Committee within the time required by Election Law § 16-102 (2) was a defect that could not be cured by amendment pursuant to CPLR 1003 after the expiration of the limitation period (Burns v Board of Elections, 65 N.Y.2d 949; Matter of Greenspan v O'Rourke, 27 N.Y.2d 846; Matter of Suthergreen v Westall, 6 A.D.2d 1014; see, Liberal Party of State of N.Y. v Board of Elections, 65 N.Y.2d 949).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.