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Maneiro v. Northrup

34 N.Y.2d 963 Court N.Y. Decision date 1974-08-28 English

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p. 963
In the Matter of Pedro A. Maneiro, Respondent, v. Robert W. Northrup et al., Constituting the Board of Elections of Monroe County, Appellants. John Scibilia et al., Respondents, v. Robert W. Northrup et al., Constituting the Board of Elections of Monroe County, Appellants.
Argued August 27, 1974;
decided August 28, 1974.
p. 964
William J. Stevens, County Attorney (John D. Doyle of counsel), for appellants.
Thomas A. Fink for respondents.

In each proceeding: Order affirmed, without costs, in the following memorandum: Section 145 of the Election Law requires, inter alia, that specifications of the grounds of the objections to any petition or certificate of designation or nomination be filed within six days after general objections have been filed. In this case the Appellate Division found that the specific objections were not filed within the prescribed time limit. The order of the Appellate Division should be affirmed solely on the basis of that factual determination, it not being necessary to reach the alternative rationale in the memorandum of the Appellate Division.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Rabin and Staley.[1] Taking no part: Judge Stevens.

* Designated pursuant to section 2 of article VI of the State Constitution.