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KEMP v. MONROE COUNTY BD. OF ELECTIONS

113 A.D.2d 1019 (1985)

Katherine C. Kemp et al., Appellants, v. Monroe County Board of Elections et al., Respondents. (Action No. 1.) Donna R. Dispenza et al., Appellants, v. Monroe County Board of Elections et al., Respondents. (Action No. 2.)

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

September 27, 1985

Orders unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings on the petition.

Memorandum:

The law is established that an aggrieved party need not commence judicial proceedings prior to receiving written notice of the Board's ruling even if the 14-day period provided by Election Law § 16-102 (2) has expired (Matter of Pell v Coveney, 37 N.Y.2d 494, 496...

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