MATTER OF BROWN v. STARKWEATHER


197 A.D.2d 840 (1993)

602 N.Y.S.2d 449

In the Matter of Maxine C. Brown, Appellant-Respondent, v. Ronald Starkweather et al., Constituting The Board of Elections of the County of Monroe, Respondents-Appellants, and James S. Ely, Jr., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Cross appeal unanimously dismissed and order affirmed without costs.

Memorandum:

Supreme Court properly held that petitioner Brown's proceeding was not timely commenced. Election Law § 16-116 requires delivery of the instrument of notice of the proceeding "not later than on the last day on which the proceeding may be commenced" (Matter of Ehle v Wallace, 195 A.D.2d 1086). Because the order to show cause and petition...

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