MATTER OF BALDWIN v. SCARINGE


176 A.D.2d 993 (1991)

In the Matter of Tracy A. Baldwin, Appellant, v. George P. Scaringe et al., Constituting The Albany County Board of Elections, et al., Respondents. (Proceeding No. 1.) In the Matter of Daniel P. Casey, Appellant, v. George P. Scaringe et al., Constituting The Albany County Board of Elections, et al., Respondents. (Proceeding No. 2.)

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

October 16, 1991


Per Curiam.

We reverse. The question of timely service depends on whether the manner of service would normally be expected to result in receipt within the statutory 14-day time period for commencing a proceeding under Election Law § 16-102 (2) (see, Matter of Contessa v McCarthy, 40 N.Y.2d 890, 891). In these two proceedings the 14-day time period expired on September 3, 1991. The orders to show cause each provided...

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