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MATTER OF THOMPSON v. NEW YORK STATE BD. OF ELECTIONS

Court of Appeals of the State of New York.
Sep 2, 1976

Order affirmed, without costs. The present proceeding was not instituted within the 14-day period required by subdivision 1 of section 330 of the Election Law. Service by mailing was incomplete under the particular statute so long as the persons to be so served did not receive delivery within the 14-day period. (See Matter of Burton v Coveney, 32 N.Y.2d 842; Matter of Squitieri v Power, 25 N.Y.2d 801; cf. Matter of Butler v Hayduk, 37 N.Y.2d 497, esp 500.)

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.