MATTER OF KAPSIS v. KELLEHER


37 A.D.3d 381 (2007)

828 N.Y.S.2d 896

In the Matter of JAMES L. KAPSIS et al., Appellants, v. NEIL W. KELLEHER et al., Respondents, and STATE COMMITTEE OF THE NEW YORK STATE INDEPENDENCE PARTY et al., Respondents.

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

Decided February 5, 2007.


Ordered that the final order is affirmed, without costs or disbursements.

The order to show cause, which was drafted by the petitioners' attorney, and was returnable at 9:30 A.M. on January 26, 2007, in effect, required the petitioners to ensure that the order to show cause and supporting papers were received by the respondents (other than the Board of Elections) "at or before 11:59 P.M." on January 25, 2007. Several of the respondents did not receive the papers by...

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