MATTER OF TROST v. MAHONEY


59 A.D.2d 823 (1977)

In the Matter of J. Douglas Trost, Appellant, v. Edward J. Mahoney et al., Constituting The Board of Elections of the County of Erie, et al., Respondents

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

October 28, 1977


Order unanimously affirmed, without costs.

Memorandum:

Special Term properly dismissed the proceeding as untimely. Even if we were to interpret the statutory scheme of the Election Law most favorably to the petitioner, the proceeding was not timely instituted. The board of elections was required to complete the canvass of primary election returns "within one hundred twenty hours from midnight of the day upon which the primary election is held" (Election Law...

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