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New York Court of Appeals, 1976

MATTER OF THOMPSON v. New York State Bd. of Elections

MATTER OF THOMPSON v. New York State Bd. of Elections
New York Court of Appeals · Decided September 2, 1976
40 N.Y.2d 814; 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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