Matter of Marin v. Bd. of Elections of the State of New York

New York Court of Appeals January 16, 1986

Matter of Marin v. Bd. of Elections of the State of New York, 67 N.Y.2d 634 (N.Y. 1986)

490 N.E.2d 531; 499 N.Y.S.2d 664; 1986 N.Y. LEXIS 16730

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and petition dismissed. Question certified answered in the affirmative. We agree with the dissenters below that the failure to join all of the persons elected to party office at the September 17, 1984 organizational meeting of the Liberal Party State Committee within the time required by Election Law § 16-102 (2) was a defect that could not be cured by amendment pursuant to CPLR 1003 after the expira *637 tian of the limitation period (Burns v Board of Elections, 65 NY2d 949; Matter of Greenspan v O’Rourke, 27 NY2d 846; Matter of Suthergreen v Westall, 6 AD2d 1014; see, Liberal Party of State of N. Y. v Board of Elections, 65 NY2d 949).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

Reference

Full Case Name: In the Matter of Frank Marin Et Al., Respondents, v. Board of Elections of the State of New York Et Al., Appellants
Cited By: 17 cases
Status: Published