Hyperlawhypertext legal databasebeta Thompson v. New York State Board of Elections 40 N.Y.2d 814

← Cases

Thompson v. New York State Board of Elections

40 N.Y.2d 814 Court N.Y. Decision date 1976-09-02 English

Contents

Majority

p. 814
In the Matter of Abraham Thompson, Appellant, v New York State Board of Elections, Respondent, and John E. Flynn, Respondent.
Argued September 1, 1976;
decided September 2, 1976
p. 815
Prescott C. Sook for appellant.
John J. Keohane and Kenneth K Riddett for respondent.

Order affirmed, without costs. The present proceeding was not instituted within the 14-day period required by subdivision 1 of section 330 of the Election Law. Service by mailing was incomplete under the particular statute so long as the persons to be so served did not receive delivery within the 14-day period. (See Matter of Burton v Coveney, 32 NY2d 842 ; Matter of Squitieri v Power, 25 NY2d 801 ; cf. Matter of Butler v Hayduk, 37 NY2d 497 , esp 500.)

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

Cases cited