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SCARINGE v. ACKERMAN

119 A.D.2d 327 (1986)

In the Matter of George P. Scaringe, as Chairman of The Albany County Republican Committee, et al., Respondents, v. F. Stanton Ackerman et al., Appellants

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

October 9, 1986

Attorney(s) appearing for the Case

Raymond A. Kelly, Jr., for F. Stanton Ackerman, appellant.

Stanley L. Zalen for New York State Board of Elections, appellant.

Tabner & Laudato (William F. Ryan, Jr., of counsel), for respondents.

MIKOLL and HARVEY, JJ., concur with CASEY, J.; KANE, J. P., and MAIN, J., dissent and vote to affirm in an opinion by KANE, J. P.

CASEY, J.

We hold that this proceeding, seeking to prohibit respondent State Board of Elections from placing respondent F. Stanton Ackerman's name on the ballot in the November 4, 1986 general election as the Democratic Party candidate from the 103rd Assembly District, is subject to the 14-day period of limitations provided for in Election Law § 16-102 (2). Special Term's judgment granting the petition...

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