General
In the Matter of Edward L. Koester et al., Appellants, v. Kathleen Wagner et al., Constituting the Board of Elections in the City of New York, et al., Respondents; In the Matter of Donna M. Mills et al., Respondents, v. Edward L. Koester et al., Appellants
186 A.D.2d 522·New York Supreme Court, Appellate Division·1992·NY
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Opinion
(October 30, 1992)
In the Matter of Edward L. Koester et al., Appellants, v Kathleen Wagner et al., Constituting the Board of Elections in the City of New York, et al., Respondents. In the Matter of Donna M. Mills et al., Respondents, v Edward L. Koester et al., Appellants.
[MAJORITY]
— Judgment, Supreme Court, Bronx County (Fred W. Eggert, J.), entered on October 28, 1992, is unanimously affirmed, without costs or disbursements. As the parties conceded on oral argument, the critical issue herein is whether the certificate of substitution was timely filed in accordance with the Election Law. Clearly, the ten-day provision of section 6-158 of the Election Law applies, to be measured from the last day to file a declination. That requirement was met. No opinion. Concur — Sullivan, J. P., Rosenberger, Ellerin and Kassal, JJ.