MATTER OF MUSOLINO v. NEW YORK STATE BD. OF ELECTIONS


89 A.D.2d 1033 (1982)

In the Matter of Mario J. Musolino, Appellant, v. New York State Board of Elections et al., Respondents

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

September 15, 1982


We affirm Special Term's dismissal of the proceeding on the ground that it was not instituted within the time specified by subdivision 2 of section 16-102 of the Election Law. That statute states that a proceeding with respect to a petition "shall be instituted within fourteen days after the last day to file the petitions". Here, the last day to file petitions was August 10, 1982 and the last day to institute proceedings was August 24, 1982. In his petition, petitioner states...

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