# Stahl v. Putnam County Board of Elections

> Appellate Division of the Supreme Court of the State of New York · August 19, 2004 · 10 A.D.3d 435

URL: https://www.frixlaw.com/law-library/cases/5677452

## Case

- **Full name:** In the Matter of Doris A. Stahl v. Putnam County Board of Elections
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** August 19, 2004
- **Citations:** 10 A.D.3d 435; 780 N.Y.S.2d 738; 2004 N.Y. App. Div. LEXIS 10346
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5677452

## Opinion text

In a proceeding pursuant to Election Law § 16-102 to validate petitions designating the petitioners as candidates in a primary election to be held on September 14, 2004, for the Republican Party positions of Member of the Putnam County Republican Committee for their respective Election Districts, the petitioners appeal from a final order of the Supreme Court, Westchester County (Nicolai, J.), dated August 12, 2004, which denied the petition and dismissed the proceeding as untimely.
Ordered that the final order is affirmed, without costs or disbursements.
Under the circumstances, the proceeding was not timely “instituted” (Election Law § 16-102 [2]; see Matter of Wilson v Garfinkle, 5 AD3d 409 [2004]; Matter of Marino v Orange County Bd. of Elections, 307 AD2d 1011 [2003]; Matter of Eckart v Edelstein, 185 AD2d 955 [1992]). Accordingly, the Supreme Court correctly denied the petition and dismissed the proceeding as untimely.
The petitioners’ arguments concerning the constitutionality of Election Law §§ 6-132 and 6-134 are without merit.
In light of our determination, we do not reach the petitioners’ remaining contentions. Santucci, J.P., Krausman, Skelos and Lifson, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5677452. Public record. Not legal advice.