Opinion
October 17, 1949.
Appeal from Supreme Court, Sullivan County.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
Respondent was nominated at the town convention of delegates of the Republican Party as the candidate of that party for the office of supervisor. He was not enrolled as a member of the Republican Party. Through inadvertence neither the certificate authorizing his nomination by the Republican Town Committee, nor his certificate of acceptance, was filed within the time required by the Election Law. In one instance the delay amounted to one day, and in the other the delay was three days. The Special Term in the exercise of its discretion ordered that the certificates be deemed filed nunc pro tunc as of the proper date. We think the Special Term did not abuse its discretion. ( Matter of Lauer v. Board of Elections of City of N.Y., 262 N.Y. 416.) Order unanimously affirmed, without costs.