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1
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OPINION
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EXTRACTED KEY WORDS
ELECTIONS DINAPOLI FILING ENDORSEMENT RESPONDENT APPELLANTS PETITION FATAL DEFECT MEMORANDUM SUPREME COURT ACCEPTANCE ELECTION LAW JUDGE COUNTY NASSAU PUBLICATION APPELLATE DIVISION COSTS INVALIDATE DESIGNATING PETITION FAILURE PERTINENT TIME-STAMP SEPARATE BOOK ENTRY BOOK ENTRY INDICATING GREEN CONTENDS INDISPENSABLE COMPONENT DINAPOLI ARGUES BOARD EMPLOYEE |
2 No. 175
In the Matter of Bonnie Green,
Respondent,
v.
Thomas P. DiNapoli, et al.,
Appellants, The Board of Elections of the County of Nassau, et al.,
Respondents.
_________________________________________________________________
2001 NY Int. 103
August 30, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Steven R. Schlesinger, for appellants.
Kenneth A. Auerbach, for individual respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be reversed, without costs,
and the order of Supreme Court reinstated.
Respondent Green brought this proceeding to invalidate a designating
petition and certificate of acceptance nominating DiNapoli as a
candidate of the Independence Party for the office of Nassau County
Executive. The central issue is whether DiNapoli satisfied the filing
requirement of Election Law § 6-144 which specifies that such
documents must be filed in the office of the Board of Elections, and
further states, in relevant part: "All such petitions and certificates
shall at the time of filing thereof be endorsed by such officer or
board with the day, hour and minute of such filing. Such officer or
board shall keep a book, which shall be open to public inspection in
which shall be entered the times of filing all such petitions and
certificates (and other pertinent data)." Failure to file within the
time required is a fatal defect (Election Law § 1-106(2)).
DiNapoli was required to file his certificate of acceptance with the
Board of Elections on or before July 16, 2001. It is undisputed that
he timely presented the certificate to an appropriate official at the
Board of Elections shortly after 9:30 A.M. on July 16, but that the
Board of Elections did not at that time endorse the certificate with
the day, hour or minute of receipt. It is further undisputed that the
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