Matter of Mujumder v Board of Elections in the City of N.Y.
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Matter of Mujumder v Board of Elections in the City of N.Y. 2020 NY Slip Op 31779(U) May 4, 2020 Supreme Court, Bronx County Docket Number: 260286/2020 Judge: John W. Carter Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: ------------------------------------------X In the Matter of the Application of MOHAMMED MUJUMDER as a Candidate for the Democratic Party Designation for the Party Position of Male District Leader of the Index No. 26028812020 87th Assembly District, Bronx County, City of New York and the other Petitioners for Party Positions as Set Forth Memorandum in the Schedule of Petitioners annexed hereto and made a Part Hereof as Exhibit A, Decision Petitioners. - against THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK. Respondent, For an Order pursuant to Section 16-102 of the Election Law, declaring the determination of Respondent Board of Elections refusing to place the petitioners on the ballot for Primary Election to be held on June 23,2020 invalid, and to compel the Board of Elections to accept and file as valid the cover sheets and Democratic Nominating Petitions for the tMthin named candidates for party positions in the 791t1(sic) Assembly District in Bronx County of the City of New York to be voted upon in the primary election to be held on June 23, 2020, and directing the Board of Elections to place the petitioners' names on the official Ballot and voting machines for said primary election. --------------·- -----------------x Hon. John W. Carter: Oral argument was heard in this matter by Skype on April 27, 2020. Petitioners were represented by Angel Cruz, Esq. Respondent was represented by Stephen Kitzinger, Esq. -1 - [* 2] ' On or about March 20, 2020, the subject designating petitions were filed with the Board of Elections. At the time of filing , the designating petitions were not accompanied by a cover sheet as required by Election Law §6-1.34(2). The staff at the Board of Elections made a preliminary determination that the petition suffered a defect that was not subject to be cured, and the petitioners were notified of this defect by letter dated April 15, 2020. The matter was then scheduled for consideration by the full Board of Elections. Thereafter, on or about April 20, 2020, cover sheets were filed with the Board of Elections that purported to be associated with the subject designating petitions. At a duly noticed hearing on April 21 , 2020, the full Board of Elections for the City of New York adopted the preliminary findings of its staff in connection with the designating petitions, to wit: that they were invalid in that they suffered from a fatal defect as a result of the omission of a cover sheet. See: Armwood v. McCloy, 109 A.D.3d 558 (2nd Dep't 2013); Hudson v. Bass, 54 N.Y.2d 772 (1981). Petitioners argue that the cover sheets were timely filed because the time within which to file them was stayed pursuant to Executive Order 202.8. Petitioners further claim that the person responsible for filing the cover sheets was incapacitated from March 25, 2020 through April 19, 2020, and unable to do the filing. For the reasons set forth below the these arguments are not supported by the current law. The Petitioners reliance on Executive Order 202.8 is misplaced. On March 14, 2020 Governor Cuomo issued Executive Order 202.2 which addressed the primary elections. Chapter 24 of the Laws of 2020 was enacted shortly thereafter. That statute -2- [* 3] specifically addresses the time frames surroullding the filing of designating petitions as follows: Section 1. Notwithstanding $Ubdivision !1 of section 6-158 of the election law, a designating petition for the JUne 2020 P,rimary election shall be filed with the appropriate board of electio~s on March 17 through Mardl 20, 2020 and the political calendar with respect to objections, acceptances, authorizations, declinations, substitutions a1*f the last day to commence an election law article 16 proceeding shall be adjusted accordingly. I I In this case the designating petition ~ delivered to the Board without a cover . sheet The staff at the Board reviewed the petftion and notified the candidates of Its "Prima Facie" defect. Although certain cover sheet deficiende;S may be corrected by the filing of an ' amended cover sheet. a candidate may not a~ a cover sheet which was never filed in the first instance. The initiat failure to file a cover sheet cannot be cured. Armwood v. McCloy, supra. Accordingly, petitioners' application is denied and the proceeding is dismissed. This constitutes the decision and judgment of the Court I Dated: HAY .. 4 1a1g -3• I
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