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MATTER OF SEWARD v. REARDON

72 A.D.2d 645 (1979)

In the Matter of James L. Seward, Respondent, v. Frank M. Reardon et al., Constituting The Board of Elections of the County of Otsego, Respondents, and Stephen W. Holmes, Appellant

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

October 23, 1979

In our view, the dispositive issue on this appeal is whether the filing of the certificate on September 19, 1979 could be considered timely within the limits prescribed by the Election Law. We think not and are to reverse. Pursuant to subdivision 6 of section 6-158 of the Election Law, September 18, 1979 was the last date for filing the certificate. Special Term, however, reasoned that since a certificate mailed on September 18, 1979 would be timely filed when received (Election...

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