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Matter of Moran v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 908 (N.Y. App. Div. 1986)

Opinion

August 20, 1986

Appeal from the Supreme Court, Kings County (Levine, J.).


Judgment affirmed, without costs or disbursements.

Pursuant to the regulations of the New York City Board of Elections, the citizen objectors were required to serve a duplicate copy of their written specifications of objections to the first named person on the committee on vacancies on the petition objected to prior to filing with the Board of Elections. The record shows that this duplicate copy was mailed on the last day permitted and was sent by certified mail to an incorrect address. As a result, the specifications were not received until an additional 14 days had passed. Such service failed to satisfy the jurisdictional condition precedent to the commencement of a proceeding pursuant to Election Law § 16-102. The dismissal of the proceeding was therefore proper (cf. Matter of Buhlmann v LeFever, 83 A.D.2d 895, affd 54 N.Y.2d 775). Bracken, J.P., Niehoff, Eiber and Spatt, JJ., concur.


Summaries of

Matter of Moran v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 908 (N.Y. App. Div. 1986)
Case details for

Matter of Moran v. Board of Elections

Case Details

Full title:In the Matter of DONALD S. MORAN et al., Appellants, v. BOARD OF ELECTIONS…

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

Date published: Aug 20, 1986

Citations

122 A.D.2d 908 (N.Y. App. Div. 1986)

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