Green v. DiNapoli

OPINION OF THE COURT

Thomas P. Phelan, J.

Petitioner Bonnie Green (Green) seeks to remove respondent *830Thomas P. DiNapoli (DiNapoli) as the Independence Party candidate for Nassau County Executive alleging multiple grounds under the Election Law.

Issue

Whether the failure of respondent Board of Elections (Board) to endorse the day, hour and minute on BiNapoli’s certificate of acceptance of designation constitutes a fatal defect of filing is the threshold issue.

Election Law § 1-106 (2) provides that “The failure to file any * * * certificate relating to the designation * * * of a candidate for * * *…