Lockport Union-Sun & Journal Online

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September 19, 2013

Black referendum requests denied

(Continued)

Lockport Union-Sun & Journal — Brooks’ ruling could be challenged in an Article 78 proceeding in New York State Supreme Court, Norris said. However, the deadline for that isn’t clear in the election law, he added.

Black said Wednesday he was unsure whether or not he would challenge the ruling, mainly because of the cost to do so.

”But I really think I have the grounds to have this reversed,” Black said.

Black wanted to submit a letter prior to Brooks making the decision, but submitted it on Wednesday unaware that Brooks was making her ruling. The letter was a response to the objections filed last week to Black’s petitions by resident and alternate Planning Board member Thomas Grzebinski.

In the letter, Black charges that while he received a copy of Grzebinski’s objections on Sept. 14, that the petitions should be allowed on the ballot because he did not receive the objections from Grzebinski. Black said election law 6294.1(b) and 6215.7(b) say objections to petitions cannot be considered unless “the objector filing the specifications personally delivers or mails by registered or certified mail a duplicate copy of the specification to each candidate.”

Contact reporter Joe Olenick at 439-9222, ext. 6241, or follow him on Twitter @joeolenick.

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