Matter of Thompson v. New York State Bd. of Elections

Full title: In the Matter of ABRAHAM THOMPSON, Appellant, v. NEW YORK STATE BOARD OF…

Court: Court of Appeals of the State of New York

Date published: Sep 2, 1976

40 N.Y.2d 814 (N.Y. 1976)

387 N.Y.S.2d 567

355 N.E.2d 796

Opinion

Argued September 1, 1976

Decided September 2, 1976

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WILLIAM R. MURRAY, J.

Prescott C. Sook for appellant.

John J. Keohane and Kenneth E. 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 N.Y.2d 842; Matter of Squitieri v Power, 25 N.Y.2d 801; cf. Matter of Butler v Hayduk, 37 N.Y.2d 497, esp 500.)

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.