Legal Opinion

MATTER OF THOMPSON v. New York State Bd. of Elections

New York Court of Appeals

Decided September 2, 1976PublishedCited by 15 opinions

1Opinion of the Court

Order affirmed, without costs. The present proceeding was not instituted within the 14-day period required by subdivision 1 of section 330 of the Election Law. Service by mailing was incomplete under the particular statute so long as the persons to be so served did not receive delivery within the 14-day period. (See Matter of Burton v Coveney, 32 NY2d 842; Matter of Squitieri v Power, 25 NY2d 801; cf. Matter of Butler v Hayduk, 37 NY2d 497, esp 500.)

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

2Cases cited2 opinions

  1. Butler v. HaydukNew York Court of Appeals · 1975
  2. Burton v. CoveneyNew York Court of Appeals · 1973

3Cited by15 opinions

  1. Wilson v. GarfinkleAppellate Division of the Supreme Court of the State of New York · 2004
  2. Bruno v. PeyserNew York Court of Appeals · 1976
  3. Yellico v. RingerAppellate Division of the Supreme Court of the State of New York · 1992
  4. Moore v. MilhimAppellate Division of the Supreme Court of the State of New York · 1985
  5. Angletti v. MorrealeAppellate Division of the Supreme Court of the State of New York · 2015

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