Legal Opinion
Bates v. Beyer
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1971PublishedCited by 6 opinions
1Opinion of the Court
In this ease, where petitioner Holmberg acted in good faith and made every effort to comply with subdivision 1 of section 139 of the Election Law, by sending a telegram to the Village Clerk on the last day upon which to file his acceptance, we find that Special Term’s finding of timeliness and its direction that his name appear on the ballot constituted a proper exercise of discretion (see Matter of Dow V. Lomenzo, 52 Misc 2d 153, 157, revd. 26 A D 2d 598, revd. 18 N V 2d 853; see, also, Matter of Lauer v. Board of Elections of City of N. Y., 262 N. Y. 416). We agree with Special Term that…
2Cases cited2 opinions
- Matter of Lauer v. Bd. of ElectionsNew York Court of Appeals · 1933
- Dow v. LomenzoNew York Supreme Court · 1966
3Cited by6 opinions
- Carr v. New York State Board of ElectionsNew York Court of Appeals · 1976
- Rhodes v. SalernoAppellate Division of the Supreme Court of the State of New York · 1982
- Bristol v. ChiavaroliAppellate Division of the Supreme Court of the State of New York · 1976
- Gentner v. Albany County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2003
- Carr v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1975
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