Conservative Party v. New York State Board of Elections

In a proceeding pursuant to CPLR article 78, inter alia, to prohibit the New York State Board of Elections from conducting a primary election for the Conservative Party on September 10, 1996, for the public office of Member of the House of Representatives, 19th Congressional District, Sue W. Kelly appeals from a judgment of the Supreme Court, Westchester County (Fredman, J.), entered September 4, 1996, which, upon denying her cross motion to dismiss the proceeding on the ground that it was time-barred, in effect, granted the petition.

Ordered that the judgment is affirmed, without costs and…