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Matter of Bearak v. Laufer

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 604 (N.Y. App. Div. 1993)

Opinion

August 18, 1993

Appeal from the Supreme Court, Queens County (Hanophy, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The issue on appeal is whether the Supreme Court erred in dismissing the cross petition of candidate Alan S. Laufer to validate his designating petition on the ground that the cross petition was filed in an untimely fashion. Election Law § 16-102 (2) requires, in relevant part, that "[a] proceeding with respect to a petition shall be instituted within fourteen days after the last day to file the petition" (Election Law § 16-102). In the instant case, the candidate served and filed his answer and cross petition, at the earliest, on August 4, 1993, which was clearly after the statutory time period (see, Election Law § 16-102). Therefore, the Supreme Court properly dismissed the cross petition (see, Matter of Krueger v Richards, 59 N.Y.2d 680; see also, Matter of Dickerson v Daly, 196 A.D.2d 610 [decided herewith]). Mangano, P.J., Thompson, Lawrence and Pizzuto, JJ., concur.


Summaries of

Matter of Bearak v. Laufer

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 604 (N.Y. App. Div. 1993)
Case details for

Matter of Bearak v. Laufer

Case Details

Full title:In the Matter of COREY B. BEARAK, Respondent, v. ALAN S. LAUFER…

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

Date published: Aug 18, 1993

Citations

196 A.D.2d 604 (N.Y. App. Div. 1993)
601 N.Y.S.2d 820