Opinion

Marin v. Board of Elections

  • 111 A.D.2d 489
  • 488 N.Y.S.2d 871
  • 1985 N.Y. App. Div. LEXIS 51565
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 9, 1985
Status
Published
Author
Mikoll
On the bench
Mahoney, Mikoll
Cited by
3 cases
Authority
More cited than 1.5%

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

The opinion

Mikoll, J.

Petitioners rely on Town of Islip Town Committee v Leo ( 71 AD2d 624 ) as support for their contention that they should be granted leave to amend the petition to bring in necessary parties, not heretofore named, on the ground that the haste involved in Election Law matters is not present here. Such reliance is misplaced, as that case concerned the issue of which slate of party officers had been properly elected at separate meetings of the Conservative Party Town Committee. In the case at bar, the petition sought, inter alia, to invalidate the nomination and designation of candidates for public offices to be chosen by the voters at the upcoming general election, namely, of Walter F. Móndale and Geraldine A. Ferraro for President and Vice-President of the United States, respectively, as well as the presidential and vice-presidential electors nominated therefor. Preparation of election ballots for election had to be timely completed. The case of Town of Islip Town Committee v Leo (supra) is therefore not applicable in these circumstances. The short statutory period of Election Law § 16-102 (2) should therefore be followed.

The order should be affirmed in its entirety.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.