Appellate Division of the Supreme Court of New York, 1972

Monroe v. Lomenzo

Monroe v. Lomenzo
Appellate Division of the Supreme Court of New York · Decided October 5, 1972
40 A.D.2d 727; 336 N.Y.S.2d 291; 1972 N.Y. App. Div. LEXIS 3803
Monroe v. Lomenzo

Opinion of the Court

Appeal from a judgment of the Supreme Court at Special Term, entered October 2, 1972 in Albany County, in a proceeding pursuant to section 330 of the Election Law, which dismissed petitioner’s application to compel the Secretary of State to file a certificate of acceptance of her nomination as the Economy Party candidate for the Office of State Senator. The failure to timely file a certificate of acceptance as required by subdivision 15 of section 149-a of the Election Law is, under the present circumstances, a fatal defect and the court has no discretionary power to excuse such defect. (Election Law, § 143, subd. 12; cf. Matter of Bates v. Beyer, 36 A D 2d 735.) Judgment affirmed, without costs. Herlihy, P. J., Sweeney, Simons, Kane and Reynolds, JJ., concur.

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