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MATTER OF ZEBRACKI v. MAHONEY

104 A.D.2d 729 (1984)

In the Matter of Alice M. Zebracki et al., Respondents, v. Edward J. Mahoney et al., Constituting The Board of Elections in the County of Erie, Appellants, and Daniel J. Garvin, Respondent

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

September 21, 1984

Order unanimously reversed, without costs, and petition dismissed.

Memorandum:

Special Term erred in granting this petition filed pursuant to subdivision 2 of section 16-102 of the Election Law. The Board of Elections mailed its notice to petitioner on August 8, 1984. The last date to commence a special proceeding would have been August 9, 1984 and petitioners did not commence their proceeding until August 13, 1984. The direct cause of the delay in receipt...

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