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MATTER OF MERBER v. BOARD OF ELECTIONS IN THE CITY OF N.Y.

2019-100642/19-100643/19, 9691, 100644/19, 9690, 9689.

172 A.D.3d 624 (2019)

2019 NY Slip Op 04231

In the Matter of Helen Merber, Respondent, et al., Petitioners, v. Board of Elections in the City of New York, Appellant. In the Matter of Patricia Still, Respondent, et al., Petitioners, v. Board of Elections in the City of New York, Appellant. In the Matter of Glenn M. Speer, Respondent, et al., Petitioners, v. Board of Elections in the City of New York, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2019.

Petitioners' Election Law article 16 special proceedings should be deemed timely because petitioners did not receive notice that their designating petitions contained defects within the 14-day statutory period prescribed by Election Law § 16-102 (2) and they acted with due diligence by promptly commencing the article 16 proceeding after that period ended (see Matter of Pell v Coveney, 37 N.Y.2d 494, 496 [1975]; Matter of...

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