“Service by mailing was incomplete under [Election Law § 330(1), governing a proceeding to invalidate a designating petition] so long as the persons to be so served did not receive delivery within the 14-day period.”
How later courts described this case
- “Service by mailing was incomplete under [Election Law § 330(1), governing a proceeding to invalidate a designating petition] so long as the persons to be so served did not receive delivery within the 14-day period.”
Written by the judges who cited it.
The 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.