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Kemp v. Monroe County Board of Elections

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1985
113 A.D.2d 1019 (N.Y. App. Div. 1985)

Opinion

September 27, 1985

Appeal from the Supreme Court, Monroe County, Fritsch, J.

Present — Doerr, J.P., Denman, Boomer, O'Donnell and Schnepp, JJ. (Decision entered Aug. 21, 1985.)


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 N.Y.2d 494, 496; Matter of Gartner v Salerno, 74 A.D.2d 958, 959, lv denied 49 N.Y.2d 704; Matter of Vanderlip v Mahoney, 59 A.D.2d 643; Matter of Colvin v Romeo, 59 A.D.2d 641, lv denied 42 N.Y.2d 806; Matter of Brownrout v Mahoney, 45 A.D.2d 945, lv denied 34 N.Y.2d 520).

Under the circumstances of this case, petitioners met their burden to commence proceedings promptly after receiving notice.


Summaries of

Kemp v. Monroe County Board of Elections

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1985
113 A.D.2d 1019 (N.Y. App. Div. 1985)
Case details for

Kemp v. Monroe County Board of Elections

Case Details

Full title:KATHERINE C. KEMP et al., Appellants, v. MONROE COUNTY BOARD OF ELECTIONS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 27, 1985

Citations

113 A.D.2d 1019 (N.Y. App. Div. 1985)

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