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MATTER OF MONROE v. LOMENZO

40 A.D.2d 727 (1972)

In the Matter of Ann L. Monroe, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, Respondent

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

October 5, 1972

The failure to timely file a certificate of acceptance as required by subdivision 15 of section 149-a of the Election Law is, under the present circumstances, a fatal defect and the court has no discretionary power to excuse such defect. (Election Law, § 143, subd. 12; cf. Matter of Bates v. Beyer, 36 A.D.2d 735.)

Judgment affirmed,...

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