Bestry v. Mahoney

Order unanimously reversed on the law without costs and petition granted. Memorandum: Petitioner’s last-day service by mail was proper under the circumstances. The Board of Elections notified the petitioner that his petition had been invalidated on July 31, 1989, after the 14-day period within which a court proceeding was required to be commenced in order to validate the petition (Election Law § 16-102 [2]).

*890Where, as here, petitioner promptly acts to validate a designating petition after late notice of the Board of Elections action, strict application of the time period in which to commence a…