KEMP v. MONROE COUNTY BOARD OF ELECTIONS

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.