MATTER OF SAGENDORF v. MONAHAN


49 A.D.2d 960 (1975)

In the Matter of Kevin J. Sagendorf, Appellant, v. Thomas J. Monahan, Jr., et al., Constituting The Board of Elections of the County of Rensselaer, Respondents, and Leon E. Wait et al., Respondents

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

October 22, 1975


Special Term has dismissed the present proceeding on the ground that it was not commenced within the 10-day time limitation set forth in subdivision 2 of section 330 of the Election Law. There can be no doubt that whether this 10-day period is computed from the date of the party caucus or from the date of the filing of the certificate of nominations it had run at the time of the commencement of this proceeding. As a condition precedent to maintaining this proceeding, however...

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