Opinion
2002-07603
Argued August 20, 2002
August 22, 2002
In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating Richard Jannaccio, Josephine C. Jones, Isaac M. Sasson, Dina Dahbany-Miraglia, and Sandy S. Contreras as candidates in a primary election to be held on September 10, 2002, for the nomination of the Democratic Party as its candidates for the public offices of Member of Assembly for the 22nd Assembly District; and the party offices of Assembly District Leader (Male) for the 22nd Assembly District, Part B; Female Member of the Democratic State Committee from the 22nd Assembly District, Assembly District Leader (Male) for the 22nd Assembly District, Part A, Assembly District Leader (Female) for the 22nd Assembly District, Part A, and Assembly District Leader (Female) for the 22nd Assembly District, Part B from 22nd Assembly District, respectively, the appeal is from a final order of the Supreme Court, Queens County (Lewis, J.), dated August 14, 2002, which granted the petition and invalidated the designating petition.
Before: A. GAIL PRUDENTI, P.J., SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
ORDERED that the final order is affirmed, without costs or disbursements.
Contrary to the appellants' contention, the petition to invalidate the designating petition was properly granted. The appellants' petition to validate was insufficiently pleaded as a matter of law (see Matter of Jannaccio v. Board of Elections of City of New York [decided herewith]).
PRUDENTI, P.J., FEUERSTEIN, SCHMIDT, ADAMS and CRANE, JJ., concur.