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Matter of Pohlmann v. Feiner

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
264 A.D.2d 458 (N.Y. App. Div. 1999)

Opinion

August 18, 1999.

Appeal from the Supreme Court, Westchester County (Fredman, J.).


Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly dismissed the proceeding on the ground that the service provision of the order to show cause drafted by appellants' counsel was jurisdictionally defective ( see generally, Election Law § 16-116 Elec.; Matter of Zambelli v. Dillon, 242 A.D.2d 353; Matter of McGreevy v. Simon, 220 A.D.2d 713). The order to show cause failed to provide for service upon all of the necessary parties to the proceedings.

In light of the foregoing determination, the appellants' remaining contentions are academic.

Mangano, P. J., Thompson, Sullivan, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Pohlmann v. Feiner

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
264 A.D.2d 458 (N.Y. App. Div. 1999)
Case details for

Matter of Pohlmann v. Feiner

Case Details

Full title:IN THE MATTER OF WILLIAM H. POHLMANN et al., Appellants, v. PAUL J. FEINER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 18, 1999

Citations

264 A.D.2d 458 (N.Y. App. Div. 1999)
694 N.Y.S.2d 142