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KATHERINE C. KEMP et al., Appellants, v. MONROE COUNTY BOARD OF ELECTIONS et al., Respondents. (Action No. 1.) DONNA R. DISPENZA et al., Appellants,

Orders unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings on the petition. Memorandum: The law is established that an aggrieved party need not commence judicial proceedings prior to receiving written notice of the Board's ruling even if the 14-day period provided by Election Law § 16-102 (2) has expired (Matter of Pell v Coveney, 37 N.Y.2d 494, 496; Matter of Gartner v Salerno, 74 A.D.2d 958, 959, lv denied 49 N.Y.2d 704; Matter of Vanderlip v Mahoney, 59 A.D.2d 643; Matter of Colvin v Romeo, 59 A.D.2d 641, lv denied 42 N.Y.2d 806; Matter of Brownrout v Mahoney, 45 A.D.2d 945, lv denied 34 N.Y.2d 520).

Under the circumstances of this case, petitioners met their burden to commence proceedings promptly after receiving notice.

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KEMP v. MONROE COUNTY BOARD OF ELECTIONS
(Sep 27, 1985)