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MATTER OF DI ROBERTS v. LEVY

37 A.D.2d 861 (1971)

In the Matter of Estelle Di Roberts, as Chairman of The Conservative Party-Rockland County Committee, et al., Appellants, v. Walter Levy et al., Respondents

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

October 22, 1971

Judgment affirmed, without costs.

This proceeding was not commenced within the 10-day period set forth in subdivision 2 of section 330 of the Election Law. That time limit is jurisdictional (Matter of Weiser v. Power, 29 A.D.2d 640). The proceeding is untimely whether the 10-day period be deemed to run from the date of the party caucus on August 18, 1971 or from the date of the filing of the certificates of nomination on...

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