[DOWNLOAD] "Matter William C. Bates Et Al. v. Ency Beyer" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter William C. Bates Et Al. v. Ency Beyer
- Author : Supreme Court of New York
- Release Date : January 12, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[36 A.D.2d 735 Page 735] In this case, where petitioner Holmberg acted in good faith and made very 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.Y.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 the 1969 amendment to subdivision
12 of section 143 of the Election Law, making late filing a "fatal defect", did not take away the court's discretionary powers
in matters such as the one at bar (Election Law, ç 330).
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