MTR OF COVEN v. PREVITE


88 Misc.2d 160 (1976)

In the Matter of Richard E. Coven, Petitioner, v. Joseph J. Previte et al., Constituting the Board of Elections of the City of New York, Respondents, and Betty W. Ellerin, Respondent.

Supreme Court, Special Term, New York County.

October 19, 1976


Attorney(s) appearing for the Case

Richard E. Coven, petitioner pro se. Sheldon, Tarnoff & Murphy for Betty W. Ellerin, respondent. Lawrence A. Mandelker for New York County Democratic Committee, intervenor.


EDWARD J. GREENFIELD, J.

In this election proceeding, petitioner finds himself on the horns of a procedural dilemma. Should he have filed objections to his opponent's candidacy as soon as petitions were filed and before he, in fact, knew of any basis for objecting, or should he have deferred his challenge until after the primary election, risking untimeliness but if successful knocking his opponent off the ballot...

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