Angletti v. Morreale

On July 22, Petitioner commenced this proceeding seeking to invalidate a designating petition filed on July 8, 2015 by the Niagara County Board of Elections naming Respondent as a Democratic Party candidate for the office of Niagara County Legislator and to enjoin the Board from placing Respondent’s name on the ballot. In serving Respondent, Petitioner nailed the papers to the door of Respondent’s residence on July 22 and mailed the papers to that residence by express mail on July 23. July 23 was the last day of the statutory period authorized by the Election Law. Respondent answered, arguing that the action was not timely commenced. Supreme Court granted the petition and ordered the Board to strike Respondent’s name from the ballot. The Appellate Division affirmed. Respondent appealed, arguing that mailing on the last day of the statutory period was jurisdictionally defective since delivery inevitably would occur outside of the statutory period. The Court of Appeals affirmed, holding that the instrument of notice had been properly delivered prior to the deadline, and this proceeding was properly commenced in a timely manner. View "Angletti v. Morreale" on Justia Law