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IN THE MATTER OF GRAVAGNA v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK

21 A.D.3d 504 (2005)

799 N.Y.S.2d 830

In the Matter of JOSEPH GRAVAGNA et al., Appellants, v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK, Respondent, and TONY AVELLA, Respondent.

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

August 17, 2005.

Ordered that the final order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a determination of the petition on the merits.

The Supreme Court erred in determining that circumstances preventing immediate filing were not present. That issue was determined upon the signing of the order to show cause on July 27, 2005, and...

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