Opinion

Iwachiw v. Board of Elections

  • 265 A.D.2d 590
  • 703 N.Y.S.2d 400
  • 1999 N.Y. App. Div. LEXIS 11041
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 28, 1999
Status
Published
Cited by
3 cases
Authority
More cited than 51.7%

The opinion

—In a proceeding to validate a certificate nominating Walter N. Iwachiw as a candidate of the Green Party for the public office of Councilman, Town of Huntington, County of Suffolk, in a general election to be held on November 2, 1999, the petitioner appeals from a final order of the Supreme Court, Suffolk County (Gowan, J.), dated October 20, 1999, which, upon granting the application of the respondents Board of Elections of Suffolk County, Marlene Budd, and Steve Israel to dismiss the proceeding, dismissed the proceeding.

Ordered that the final order is affirmed, without costs or disbursements.

Pursuant to Election Law § 6-128 (2), the certificate of nomination of a candidate of a new political party must be filed no later than seven weeks preceding the general election. The Supreme Court properly determined that the Green Party is a new party. Therefore, Election Law § 6-128 (2) governs the filing of the certificate of nomination of the petitioner Walter N. Iwachiw as a Green Party candidate for the office of Councilman, Town of Huntington, in the general election on November 2, 1999. The petitioner’s certificate of nomination, which was -filed on September 20, 1999, was untimely and was properly rejected by the Board of Elections of Suffolk County.

We reach no other issue. O’Brien, J. P., Santucci, Friedmann and Smith, JJ., concur.

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.