Legal Opinion

Dietl v. Board of Elections

New York Supreme Court

Decided May 12, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Debra A. James, J.

By show cause order dated January 25, 2017, petitioner commenced this proceeding, which the court, having deliberated, has determined is one pursuant to Election Law § 16-108.

Election Law § 16-108 (1) states in pertinent part:

“1. The supreme court, by a justice thereof within the judicial district . . . in a proceeding instituted by any voter to whom registration has been unlawfully refused, shall compel, by order, the registration of such voter, and, in a proceeding instituted by any voter duly qualified to vote in this state, or by the state board of…

2Cases cited4 opinions

  1. Rosario v. RockefellerSupreme Court of the United States · 1973
  2. Fotopoulos v. Board of ElectionsNew York Court of Appeals · 1978
  3. Matter of Rubeor v. Town of WrightAppellate Division of the Supreme Court of the State of New York · 2015
  4. Lombardi v. PowerNew York Supreme Court · 1963

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