Murray v. Lord

Judgment unanimously affirmed, without costs. Memorandum: We concur in Special Term’s dismissal of the petition “ upon the ground that the proceeding is time barred ” (Matter of Novak v. Nash, 40 A D 2d 728, affd. 31 N Y 2d 710; Matter of Van Lengen v. Balabanian, 26 A D 2d 622, affd. 17 N Y 2d 920). Petitioner seeks to secure a subdivision (2) of section 330 of the Election Law determination by the use of an article 78 proceeding. The Court of Appeals has expressly stated that article 78 may not be used as a substitute for section 330 of the Election Law after that section’s time limitation…