Lenihan v. Blackwell

In Lenihan v. Blackwell, 209 A.D.2d 1048 [4th Dept. 1994], the Appellate Division held that the Supreme Court improperly interfered with the authority of the Commissioners of the Board of Elections when it directed the Board to print a proposition on the ballot that the Board had previously rejected. However in that case, the Board alleged, and no contrary proof was offered, that the abstract and proposition were not certified in accordance with Election Law 4-108. The Lenihan Court found the rejection on these grounds to be ministerial because of the failure to meet formal requirements of Election Law 4-108(l)(b).