Legal Opinion

Lohmaier v. Ulster County Board of Elections

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1975PublishedCited by 4 opinions

1Opinion of the Court

— Cross appeals from a judgment of the Supreme Court at Special Term, entered December 12, 1975 in Ulster County, which, in a proceeding pursuant to subdivision 4 of section 330 of the Election Law, granted certain items of relief sought in the petition and denied others and further denied a motion to dismiss the petition for lack of jurisdiction. We hold that the motion to dismiss should have been granted. It is not disputed that the victorious candidate in the challenged election herein was not properly served within the 20-day time *1056limit of subdivision 4 of section 330 of the Election Law.…

2Cases cited2 opinions

  1. Ullman v. PowerAppellate Division of the Supreme Court of the State of New York · 1962
  2. Ullman v. PowerNew York Court of Appeals · 1962

3Cited by4 opinions

  1. State Ex Rel. Underwood v. SilversteinWest Virginia Supreme Court · 1981
  2. State ex rel. Underwood v. SilversteinWest Virginia Supreme Court · 1981
  3. Donohue v. Board of Elections of State of NYDistrict Court, E.D. New York · 1976
  4. Giglia v. CarlsenAppellate Division of the Supreme Court of the State of New York · 1977

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