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Matter of Fintz v. Poveromo

Appellate Division of the Supreme Court of New York, Fourth Department
Aug 19, 1993
197 A.D.2d 944 (N.Y. App. Div. 1993)

Opinion

August 19, 1993

Not published with other Second Department decisions of August, 1993.

Appeal from the Supreme Court, Kings County (Garry, J.).


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

It is undisputed that the cover sheet of the designating petition did not comply with the rules promulgated by the Board of Elections of the City of New York pursuant to Election Law § 3-212 (5), precluding validation of the designating petition (see, Matter of Hutson v. Bass, 54 N.Y.2d 772).

Additionally, the failure to file the designating petition within the time prescribed by law, although late by only 16 minutes, was a fatal defect (see, Election Law § 1-106; Matter of Hutson v. Bass, supra, at 774). Sullivan, J.P., Eiber, O'Brien and Joy, JJ., concur.


Summaries of

Matter of Fintz v. Poveromo

Appellate Division of the Supreme Court of New York, Fourth Department
Aug 19, 1993
197 A.D.2d 944 (N.Y. App. Div. 1993)
Case details for

Matter of Fintz v. Poveromo

Case Details

Full title:In the Matter of ALAN S. FINTZ, Appellant, v. ANTHONY POVEROMO et al.…

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

Date published: Aug 19, 1993

Citations

197 A.D.2d 944 (N.Y. App. Div. 1993)
602 N.Y.S.2d 19

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