MATTER OF NOVAK v. NASH


40 A.D.2d 728 (1972)

In the Matter of Lawrence Novak, Respondent, v. Harry E. Nash et al., Constituting The Board of Elections of the County of Columbia, Appellants

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

October 19, 1972


Lockwood on the ballot for the November election as the candidate of the Citizen's Party for the office of County Clerk. Although a proceeding pursuant to CPLR article 78 is a proper vehicle for obtaining the relief sought herein, the present proceeding must be dismissed since it was not timely commenced and, further, since petitioner has no standing. (Matter of Van Lengen v. Balbanian, 50 Misc.2d 652, affd. 26 A.D.2d 622, affd...

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