Matter of Macri v. D'Apice

3 Citing cases

  1. Grimm v. Bd. of Elections in the City of N.Y.

    35 Misc. 3d 1233 (N.Y. Sup. Ct. 2012)   Cited 1 times

    A proceeding with respect to a petition shall be instituted within fourteen days after the last day to file the petition, or within three business days after the officer or board with whom such petition was filed, makes a determination of invalidity with respect to such petition, whichever is later.... To satisfy the statute all necessary parties must be timely served with the Order To Show Cause and supporting papers (Elec Law § 16–102; Matter of Macros v. D'Apice, 122 A.D.2d 905, 906, 505 N.Y.S.2d 945 [2nd Dept.], aff'd,68 N.Y.2d 764 [1986];Klamner v. Rockland County Bd. of Elec., 133 A.D.2d 186, 187, 518 N.Y.S.2d 695 [2nd Dept.1987] ).

  2. Grimm v. Bd. of Elections in the City of New York

    2012 N.Y. Slip Op. 31382 (N.Y. Sup. Ct. 2012)

    A proceeding with respect to a petition shall be instituted within fourteen days after the last day to file the petition, or within three business days after the officer or board with whom such petition was filed, makes a determination of invalidity with respect to such petition, whichever is later . . . . To satisfy the statute all necessary parties must be timely served with the Order To Show Cause and supporting papers (Elec Law § 16-102; Matter of Macros v. D'Apice, 122 AD2d 905, 906 [2nd Dept.], aff'd, 68 NY2d 764 [1986]; Klamner v. Rockland County Bd. of Elec., 133 AD2d 186, 187 [2nd Dept. 1987]).

  3. In Matter of Application of Sayegh v. Scannapieco

    2004 N.Y. Slip Op. 50888 (N.Y. Sup. Ct. 2004)

    For purposes of the fourteen day filing requirement, "commencement" of the proceeding occurs upon the filing of the executed and signed Order To Show Cause and Verified Petition with the Clerk of the Court in compliance with CPLR 304. The petitioner must also complete service on all necessary parties within the period prescribed by Election Law Section 16-102(2) in order to "institute" the proceedings in a timely fashion [See Matter of Green v. Mahr, 230 A.D.2d 873, 646 N.Y.S. 2d 385 (2d Dept. 1996); Matter of Macri v. D'Apice, 122 A.D.2d 905, 906, 505 N.Y.S. 2d 945 (2d Dept. 1986), affd 68 N.Y.2d 764); Silkowski v. Cacace, 308 A.D. 2d 425, 746 N.Y.S. 2d 189 (2d Dept. 2003); Marino v. Orange County Bd. Of Elections, 307 A.D. 2d 1011, 763 N.Y.S. 2d 505 (2d Dept. 2003); Wilson v. Garfunkle, 5 A.D. 3d 409, 772 N.Y.S. 2d 552 (2d Dept. 2004)]. DISCUSSIONThe Facts