MATTER OF STEMPEL v. KINLEY


176 A.D.2d 1063 (1991)

In the Matter of Rudolf V. Stempel, Appellant, v. Raymond J. Kinley Jr. et al., Constituting The Board of Elections of the County of Albany, et al., Respondents

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

October 17, 1991


Per Curiam.

On September 7, 1991, the Conservative Party caucus for the Town of Berne in Albany County was held. While the statute required that the caucus report nominating the party's candidates be filed by September 17, 1991 (Election Law § 6-158 [6]), it was not mailed until September 18, 1991 and was not received by the Albany County Board of Elections until a day later. The Board thereafter voted unanimously to invalidate the nominating report for not being...

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