# Kesselring v. Board of Elections

> New York Supreme Court · October 7, 1971 · 68 Misc. 2d 28

URL: https://www.frixlaw.com/law-library/cases/6192786

## Case

- **Full name:** In the Matter of Leo J. Kesselring v. Board of Elections of Monroe County
- **Court:** New York Supreme Court
- **Decided:** October 7, 1971
- **Citations:** 68 Misc. 2d 28; 324 N.Y.S.2d 648; 1971 N.Y. Misc. LEXIS 1232
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Boomer
- **Judges:** Boomer
- **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/6192786

## Opinion text

James H. Boomer, J.
Petitioner’s application is granted. Section 143 of the Election Law, which sets forth the dates for filing petitions and certificates, states in subdivision 12 thereof (as amd. by L. 1969, ch. 529) that “ The failure to file any petition or certificate relating to the designation or nomination of a candidate for party position or public office * * * within the time prescribed by the provisions of this chapter shall be a fatal defect ’ ’. However, article 6-A of the Election Law, effective March 9, 1971 (L. 1971, ch. 22), establishes different dates for filing petitions and certificates for elections held in the year 1971. Section 149-b of that article declares that ‘ ‘ the provisions of this article shall be construed liberally ’ \ Since the only matters appearing in article 6-A are dates for filing petitions and certificates, it would appear that the Legislature intended that the courts retain the power to entertain applications for late filing of petitions and certificates for elections held in the year 1971.
Section 149-b of article 6-A also provides that the general provisions of the Election Law shall apply to the election held in 1971 “ except as they are inconsistent with this article ”. I deem section 143 of the Election Law, including subdivision 12 thereof, to be inconsistent with article 6-A, including the requirement of section 149-b of article 6-A that said article “ shall be construed liberally ”.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6192786. Public record. Not legal advice.