From Casetext: Smarter Legal Research

Matter of Dwyer v. Barasch

Appellate Division of the Supreme Court of New York, Third Department
Oct 18, 1991
176 A.D.2d 1067 (N.Y. App. Div. 1991)

Opinion

October 18, 1991

Appeal from the Supreme Court, Albany County (Cobb, J.).


We affirm. Supreme Court properly dismissed the proceeding inasmuch as petitioner failed to commence it within the statutorily imposed time limitation (see, Election Law § 16-102). We reject petitioner's argument that an extension was appropriate, given that petitioner was on notice of the circumstances giving rise to this proceeding several days before the expiration of the time to commence this proceeding (see, Matter of Thompson v. Wallace, 45 N.Y.2d 803; Matter of Bruno v Peyser, 54 A.D.2d 591, affd 40 N.Y.2d 827).

Mahoney, P.J., Weiss, Yesawich Jr., Levine and Harvey, JJ., concur. Ordered that the order is affirmed, without costs.


Summaries of

Matter of Dwyer v. Barasch

Appellate Division of the Supreme Court of New York, Third Department
Oct 18, 1991
176 A.D.2d 1067 (N.Y. App. Div. 1991)
Case details for

Matter of Dwyer v. Barasch

Case Details

Full title:In the Matter of TERRENCE J. DWYER, Appellant, v. MELVIN S. BARASCH et…

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

Date published: Oct 18, 1991

Citations

176 A.D.2d 1067 (N.Y. App. Div. 1991)
575 N.Y.S.2d 212