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Appellate Division, Second Department · October 2, 2026 · 2026 NY Slip Op 05682

Matter of Vitucci v Ford

Read the official decision: 2026 NY Slip Op 05682

Holding The court held that the proceeding to validate the certificate of nomination was timely because it was commenced within three business days of the Board’s determination. Additionally, the court determined that Election Law § 6-148(4) is inapplicable to the certificate of nomination because the vacancy was created by a legislative act rather than a vacancy in a preexisting nomination or designation.

The court’s words

the proceeding was commenced within three business days of the Board's determination invalidating the certificate of nomination and, therefore, was timely

2026 NY Slip Op 05682, at the official text

the strictures of Election Law § 6-148(4) are inapplicable to the certificate of nomination

2026 NY Slip Op 05682, at the official text

the vacancy in the office at issue was created on June 1, 2026, when the New York State Legislature amended section 102-a of the New York City Civil Court Act

2026 NY Slip Op 05682, at the official text
CourtAppellate Division, Second Department
DecidedOctober 2, 2026
Citation2026 NY Slip Op 05682
Area of lawElection Law
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05682
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id807

Recommended citation

ESQ HQ, New York Law Watch, Matter of Vitucci v Ford, 2026 NY Slip Op 05682 (Appellate Division, Second Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05682/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 2, 2026. Updated October 2, 2026.