General

In the Matter of Ruth Hart, as Chairman of the Fredonia-Pomfret Republican Committee, Respondent, v. Gary Aitken, as Conservative Caucus Chairman, et al., Appellants and James Sedota, as Fredonia Village Clerk, Respondent

117 A.D.2d 1021·New York Supreme Court, Appellate Division·1986·NY

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Opinion

In the Matter of Ruth Hart, as Chairman of the Fredonia-Pomfret Republican Committee, Respondent, v Gary Aitken, as Conservative Caucus Chairman, et al., Appellants and James Sedota, as Fredonia Village Clerk, Respondent. [MAJORITY] —Order unanimously reversed, on the law, with costs and petition dismissed. Memorandum: We agree with Special Term that late filing of the membership list was not a fatal defect, but we disagree that the respondents’ certificates of acceptance were untimely filed (see, Election Law § 1-106 [1]). (Appeal from order of Supreme Court, Chautauqua County, Adams, J. —Election Law.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ. (Order entered Feb. 13, 1986.)