Opinion
September 16, 1977
Appeal from the Erie Supreme Court.
Present — Marsh, P.J., Simons, Dillon, Denman and Witmer, JJ. (Decided Aug. 24, 1977.)
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 designating 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 N.Y.2d 494; Matter of Brownrout v Mahoney, 45 A.D.2d 945; Matter of Jones v Gallo, 37 A.D.2d 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 N.Y.2d 798; Matter of Weiss v Mahoney, 49 A.D.2d 796; Matter of Jones v Gallo, supra).