MATTER OF THOMPSON v. Wallace

New York Court of Appeals September 1, 1978

MATTER OF THOMPSON v. Wallace, 45 N.Y.2d 803 (N.Y. 1978)

381 N.E.2d 164; 409 N.Y.S.2d 6; 1978 N.Y. LEXIS 2229

Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur in Memorandum

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Inasmuch as petitioner is an objector to respondent’s designating petition, rather than the candidate against whose petition the objections were filed, petitioner’s failure to commence this proceeding to invalidate the designating petitions within the 14-day period (Election Law, § 16-102, subd 2) is fatal (compare Matter of Bruno v Peyser, 40 NY2d 827, 828, with Matter of Pell v Coveney, 37 NY2d 494). Petitioner’s assertion that he may avoid the 14-day statutory limitation because he is a candidate for the same office as respondent is untenable (see Matter of Pell v Coveney, supra). Since it was petitioner who objected to the designating petition, he was obligated to commence this proceeding within the statutory time period, irrespective of any determination by the Board of Elections.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

Reference

Full Case Name: In the Matter of Abraham Thompson, Appellant, v. Thomas W. Wallace, as Executive Director of the New York State Board of Elections, and Norman M. Schneider, Respondents
Cited By: 13 cases
Status: Published