Appellate Division of the Supreme Court of New York, 1998

Simmons v. Jaros

Simmons v. Jaros
Appellate Division of the Supreme Court of New York · Decided November 13, 1998
255 A.D.2d 939; 679 N.Y.S.2d 859; 1998 N.Y. App. Div. LEXIS 12176
Simmons v. Jaros

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Respondents failed to file written objections to the petition pursuant to Election Law § 6-154 (2). Further, respondents did not move to invalidate the petition pursuant to Election Law § 16-102. Respondents therefore may not raise their present challenge to the petition (see, Matter of Brosnan v Black, 104 AD2d 469, 471, affd 63 NY2d 692; see also, Matter of Swift v Huested, 176 AD2d 980). (Appeal from Order of Supreme Court, Erie County, Sconiers, J. — Election Law.) Present — Denman, P. J., Green, Pine, Hayes and Boehm, JJ. (Filed Oct. 21, 1998.)

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