Matter of Kosowski v. Donovan

Summary

The New York Court of Appeals affirmed dismissal of a proceeding challenging the validity of officers elected by the Nassau County Conservative Party Committee. The court held that Election Law § 16-102(2)'s 10-day limitations period applies to challenges involving party committee meetings that select party officers, and therefore the petition was untimely.

Holdings

1. A proceeding challenging the validity of a county committee, including the election of persons to party positions at a committee organizational meeting, must be commenced within 10 days after the organizational meeting.

Questions Presented

1. Whether a proceeding challenging the election of officers to a county political-party committee must be commenced within the 10-day limitations period in Election Law § 16-102 (2).
2. Whether the Court of Appeals needed to decide whether only election districts containing registered voters of the political party should be counted in calculating the number of required county committee members under Election Law § 2-104.

Disposition

affirmed