MATTER OF THOMPSON v. New York State Bd. of Elections
New York Court of Appeals
MATTER OF THOMPSON v. New York State Bd. of Elections, 40 N.Y.2d 814 (N.Y. 1976)
355 N.E.2d 796; 387 N.Y.S.2d 567; 1976 N.Y. LEXIS 2988
MATTER OF THOMPSON v. New York State Bd. of Elections
Opinion
Order affirmed, without costs. The present proceeding was not instituted within the 14-day period required by subdivision 1 of section 330 of the Election Law. Service by mailing was incomplete under the particular statute so long as the persons to be so served did not receive delivery within the 14-day period. (See Matter of Burton v Coveney, 32 NY2d 842; Matter of Squitieri v Power, 25 NY2d 801; cf. Matter of Butler v Hayduk, 37 NY2d 497, esp 500.)
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
Reference
- Full Case Name
- In the Matter of Abraham Thompson, Appellant, v. New York State Board of Elections, Respondent, and John E. Flynn, Respondent
- Cited By
- 15 cases
- Status
- Published