Kress v. Board of Elections

In this .summary proceeding under section 330 of the Election Law this court is asked to invoke its discretionary powers and permit the late filings of election certificates after the statutory time period for such filing has expired.

Frank M. Kress filed a designating petition as candidate for the Republican nomination in the September 14 Primary Election for the office of County Legislator in the 7th District of Niagara County. He now .seeks from this court permission to withdraw from the contest by filing a certificate of declination although the statutory time limitation for declinations…