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MATTER OF LOHMAIER v. ULSTER COUNTY BD. OF ELECTIONS

50 A.D.2d 1055 (1975)

In the Matter of Joseph Lohmaier et al., Appellants, v. Ulster County Board of Elections et al., Respondents

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

December 30, 1975

We hold that the motion to dismiss should have been granted. It is not disputed that the victorious candidate in the challenged election herein was not properly served within the 20-day time limit of subdivision 4 of section 330 of the Election Law. Since he was a necessary party to the proceeding, this defect is noncurable, and the petition must be dismissed. (Matter of Ullman v Power, 17 A.D.2d 792

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