Coven v. Previte

In this election proceeding, petitioner finds himself on the horns of a procedural dilemma. Should he have filed objections to his opponent’s candidacy as soon as petitions were filed and before he, in fact, knew of any basis for objecting, or should he have deferred his challenge until after the primary election, risking untimeliness but if successful knocking his opponent off the ballot? He is the Republican candidate for the office of Civil Court Judge in the County of New York. He has brought this article 78 proceeding to strike the name of the respondent, Betty Weinberg Ellerin, from the…