MacKenzie v. Buckley

TMs is a summary proceeding pursuant to the Election Law wherein the petitioner seeks an order authorizing the respondents, at this point, to accept his certificate of declination as the Bepublican nominee for the office of Town Justice in the Town of LeBoy in order that a vacancy might be declared and another candidate selected.

To this effect, it is noted that the Town of LeBoy is governed under the primary system, and accordingly the final date for declining the instant designation terminated on April 17, 1973 (Election Law § 149-a, as enacted by L. 1973, ch. 26).

The scheme of the Election…