# Kemp v. Monroe County Board of Elections

> Appellate Division of the Supreme Court of the State of New York · September 27, 1985 · 113 A.D.2d 1019

URL: https://www.frixlaw.com/law-library/cases/5880371

## Case

- **Full name:** Katherine C. Kemp v. Monroe County Board of Elections, (Action No. 1.) Donna R. Dispenza v. Monroe County Board of Elections, (Action No. 2.)
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 27, 1985
- **Citations:** 113 A.D.2d 1019; 494 N.Y.S.2d 565; 1985 N.Y. App. Div. LEXIS 52638
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 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/5880371

## Opinion text

Orders unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings on the petition. Memorandum: The law is established that an aggrieved party need not commence judicial proceedings prior to receiving written notice of the Board’s ruling even if the 14-day period provided by Election Law § 16-102 (2) has expired (Matter of Pell v Coveney, 37 NY2d 494, 496 ; Matter of Gartner v Salerno, 74 AD2d 958, 959 , Iv denied 49 NY2d 704 ; Matter of Vanderlip v Mahoney, 59 AD2d 643 ; Matter of Colvin v Romeo, 59 AD2d 641 , Iv denied 42 NY2d 806 ; Matter of Brownrout v Mahoney, 45 AD2d 945 , Iv denied 34 NY2d 520 ).
Under the circumstances of this case, petitioners met their burden to commence proceedings promptly after receiving notice. (Appeal from orders of Supreme Court, Monroe County, Fritsch, J.—Election Law.) Present—Doerr, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ. (Decision entered Aug. 21, 1985.)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5880371. Public record. Not legal advice.