Appellate Division of the Supreme Court of New York, 1977

Vanderlip v. Mahoney

Vanderlip v. Mahoney
Appellate Division of the Supreme Court of New York · Decided September 16, 1977
59 A.D.2d 643; 398 N.Y.S.2d 296; 1977 N.Y. App. Div. LEXIS 13508
Vanderlip v. Mahoney

Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Petitioner brought a special proceeding under section 330 of the Election Law for reinstatement as a candidate in the Democratic primary for Councilman at Large. The board of elections’ determination was made on July 28 or 29, 1977 and a special proceeding was instituted on July 29, 1977, more than 14 days after the last day to file *644designating petitions. The Supreme Court properly reinstated petitioner on the ground that the proceeding was timely brought after notification of the board decision (Matter of Pell v Coveney, 37 NY2d 494; Matter of Brownrout v Mahoney, 45 AD2d 945; Matter of Jones v Gallo, 37 AD2d 793) and on the ground that there are sufficient valid signatures to bring the petition into substantial compliance with the Election Law (Matter of Rosen v McNab, 25 NY2d 798; Matter of Weiss v Mahoney, 49 AD2d 796; Matter of Jones v Gallo, supra). (Appeal from order of Erie Supreme Court—Election Law.) Present—Marsh, P. J., Simons, Dillon, Denman and Witmer, JJ. (Decided Aug. 24, 1977.)

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