MATTER OF SYKES v. MILLSPAUGH


22 A.D.2d 710 (1964)

In the Matter of Edward C. Sykes, as Candidate of the Justice Party for the Office of Member of the Assembly for The County of Sullivan, Appellant-Respondent, v. Mildred S. Millspaugh et al., Constituting The Board of Elections of Sullivan County, Respondents, and John J. Doty, Respondent-Appellant

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

October 14, 1964


AULISI, J.

The Trial Term, while denying Sykes' petition before it under section 330 of the Election Law, did, however, grant Sykes' oral motion to file his certificate of acceptance for office nunc pro tunc as of September 9, 1964.

We find that Trial Term properly exercised its discretion in granting petitioner's motion to file his acceptance nunc pro tunc. (See Matter of Scott v. Board of Elections, 30...

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