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Miele v. Reda

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 566 (N.Y. App. Div. 1997)

Opinion

October 14, 1997

Appeal from the Supreme Court, Rockland County (Bergerman, J.),


Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the respondent Vincent D. Reda timely filed his general objections to the nominating petition. Pursuant to Election Law § 6-154 (2), written objections to a nominating petition "shall be filed with the officer or board with whom the original petition or certificate is filed within three days after the filing of the petition or certificate to which objection is made". The three-day period for Reda to file his general objections commenced on August 20, 1991, when the Board of Elections received the nominating petition and accepted it for filing ( see, Benson v. Scaringe, 84 A.D.2d 603). Consequently, the general objections had to be filed by August 23, 1997. However, since August 23, 1997, was a Saturday, the next day for filing was the following Monday, August 25, 1997 ( see, Election Law § 1-106). Since Reda filed his general objections to the nominating petition on August 25, 1997, the court properly found that the general objections were timely.

Thompson, J.P., Pizzuto, Santucci and Joy, JJ., concur.


Summaries of

Miele v. Reda

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 566 (N.Y. App. Div. 1997)
Case details for

Miele v. Reda

Case Details

Full title:In the Matter of ARMAND MIELE, Appellant, v. VINCENT D. REDA et al.…

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

Date published: Oct 14, 1997

Citations

243 A.D.2d 566 (N.Y. App. Div. 1997)
663 N.Y.S.2d 221

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