Matter of Marin v. Bd. of Elections of the State of New York, 490 N.E.2d 531 (N.Y. 1986). · Go Syfert
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Matter of Marin v. Bd. of Elections of the State of New York, 490 N.E.2d 531 (N.Y. 1986). Cases Citing This Book View Copy Cite
17 citation events (7 in the last 25 years) across 3 distinct courts.
Strongest positive: Burkwit v. Olson, 87 A.D.3d 1264 (N.Y. App. Div. 4th Dep't 2011)
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67 N.Y.2d at 636 cited at this page1 citing case
  • Burkwit v. Olson, 87 A.D.3d 1264 (N.Y. App. Div. 4th Dep't 2011).published
    Counsel for respondents acknowledged at oral argument before this Court that petitioner’s motion was made within 10 days of “the filing of the certificate of nominations made at [the] caucus” (Election Law § 16-102 [2]; see also Matter of…
Other citing cases3 with no pin cite or quoted language on record
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In the Matter of Frank Marin Et Al., Respondents,
v.
Board of Elections of the State of New York Et Al., Appellants
New York Court of Appeals.
Jan 16, 1986.
Published opinion
490 N.E.2d 531
1986 N.Y. LEXIS 16730
APPEARANCES OF COUNSEL, James D. Featherstonhaugh for appellants., Raymond B. Harding for respondents.
Cited by 17 opinions  |  Published

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and petition dismissed. Question certified answered in the affirmative. We agree with the dissenters below that the failure to join all of the persons elected to party office at the September 17, 1984 organizational meeting of the Liberal Party State Committee within the time required by Election Law § 16-102 (2) was a defect that could not be cured by amendment pursuant to CPLR 1003 after the expira[*637] tian of the limitation period (Burns v Board of Elections, 65 NY2d 949; Matter of Greenspan v O’Rourke, 27 NY2d 846; Matter of Suthergreen v Westall, 6 AD2d 1014; see, Liberal Party of State of N. Y. v Board of Elections, 65 NY2d 949).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.