Legal Opinion
Kemp v. Monroe County Board of Elections
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1985PublishedCited by 2 opinions
1Opinion of the Court
Orders unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings on the petition. Memorandum: The law is established that an aggrieved party need not commence judicial proceedings prior to receiving written notice of the Board’s ruling even if the 14-day period provided by Election Law § 16-102 (2) has expired (Matter of Pell v Coveney, 37 NY2d 494, 496; Matter of Gartner v Salerno, 74 AD2d 958, 959, Iv denied 49 NY2d 704; Matter of Vanderlip v Mahoney, 59 AD2d 643; Matter of Colvin v Romeo, 59 AD2d 641, Iv denied 42 NY2d 806; Matter of…
2Cases cited5 opinions
- Pell v. CoveneyNew York Court of Appeals · 1975
- Gartner v. SalernoAppellate Division of the Supreme Court of the State of New York · 1980
- Brownrout v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1974
- Colvin v. RomeoAppellate Division of the Supreme Court of the State of New York · 1977
- Vanderlip v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by2 opinions
- Montanans for Justice: Vote No on CI-98 Not in Montana: Citizens Against CI-97 & Property Owners Against I-154 v. State Ex Rel. McGrathMontana Supreme Court · 2006
- Richardson v. BrittAppellate Division of the Supreme Court of the State of New York · 1997