MATTER OF SCHWARTZ v. SACHS


42 A.D.2d 975 (1973)

In the Matter of Murray Schwartz, Respondent, v. Alice Sachs et al., Constituting The Board of Elections of the City of New York, Appellants

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

October 16, 1973


Order reversed, without costs, and proceeding remitted to Special Term for a hearing and a new determination in accordance with the views expressed herein.

While the failure to timely file a certificate of acceptance or declination of a nomination as required by subdivision 15 of section 149-a of the Election Law is a fatal defect and the court has no discretionary power to excuse such defect (Election Law, § 143, subd. 12; Matter of Monroe v. Lomenzo...

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