Bruno v. Peyser

Memorandum. Since the order appealed from is in form a reversal, but in fact affirmed the order and judgment of Special Term, leave to appeal is granted by this court sua sponte.

The petitioner, Richard Bruno, instituted this proceeding to contest the election petition of Peter Peyser, a candidate for the Republican nomination for the United States Senate. The respondent did not actually receive the mailed service of process until after the expiration of the 14-day limitation period imposed by subdivision 1 of section 330 of the Election Law. Hence, this proceeding was not timely. (Matter of…