Hayes v. Lomenzo

Memorandum by the Court.

Special Term did not have jurisdiction inasmuch as service on the parties other than the Secretary of State was attempted to be made by mailing copies of the order to show cause and supporting papers on or before 11:00 p.m. on June 8, 1966, the last day for service (Election Law § 314, subd. 12, as amd. by L. 1966, ch. 106, eff. March 31, 1966). To effect proper service, it was necessary that the papers be received on June 8th (Matter of King v. Cohen, 293 N. Y. 435; Matter of Ullman Power, 36 Misc 2d 1015, affd. 17 A D 2d 792, affd. 12 N Y 2d 724). The proof of…