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MATTER OF GARTNER v. SALERNO

74 A.D.2d 958 (1980)

In the Matter of Mary K. Gartner et al., Appellants, v. George Salerno et al., Constituting The State Board of Elections, Appellants, and Arthur Shapiro et al., Respondents. (Proceeding No. 1.) In the Matter of Clifford M. Barber, Appellant, v. Arthur Shapiro et al., Respondents. (Proceeding No. 2.) In the Matter of Arthur Shapiro et al., Respondents, v. George Salerno et al., Constituting The State Board of Elections, Respondents, and James P. Zaimes, Appellant. (Proceeding No. 3.)

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

March 14, 1980

Initially, we agree with the conclusions of Trial Term on the threshold issues raised in Proceeding No. 3. As to the timeliness issue, a proceeding pursuant to section 16-102 of the Election Law to validate a designating petition, commenced by a candidate who is aggrieved by a determination of the State Board of Elections within two days of receipt of notice of the determination, is timely, notwithstanding the fact that the 14-day...

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