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

> New York Court of Appeals · September 2, 1976 · 40 N.Y.2d 814

URL: https://www.frixlaw.com/law-library/cases/2592341

## Case

- **Full name:** In the Matter of Abraham Thompson, Appellant, v. New York State Board of Elections, Respondent, and John E. Flynn, Respondent
- **Court:** New York Court of Appeals
- **Decided:** September 2, 1976
- **Citations:** 40 N.Y.2d 814; 387 N.Y.S.2d 567; 355 N.E.2d 796; 1976 N.Y. LEXIS 2988
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2592341

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2592341. Public record. Not legal advice.