Opinion
08-16-2016
In the Matter of Samuel T. PIROZZOLO, Jr., etc., petitioner-appellant, v. John LIA, et al., respondents-respondents, et al., respondent.
Opinion In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate petitions designating John Lia, Lynne R. Galdamez, Gregory Fasano, Julie Kim, Thomas J. Wonica, Angelyn C. Wonica, and Thomas L. Raguci as candidates in a primary election to be held on September 13, 2016, for the party positions of Members of the County Committee of the Conservative Party, Richmond County, for certain Election Districts within the 63rd Assembly District, the petitioner appeals from a final order of the Supreme Court, Richmond County (Greene, J.), dated August 10, 2016, which denied the petition and dismissed the proceeding.
ORDERED that the final order is affirmed, without costs or disbursements.
The Supreme Court properly denied the petition and dismissed the proceeding on the ground that the petitioner lacked standing to challenge the subject designating petitions, as the petitioner was not enrolled to vote in any of the election districts in which the challenged candidates resided (see Election Law § 6–154[2] ; Lucariello v. Niebel, 72 N.Y.2d 927, 928, 532 N.Y.S.2d 839, 529 N.E.2d 176 ; Matter of Luthmann v. Gulino, 131 A.D.3d 636, 637, 15 N.Y.S.3d 422 ; Matter of Dekom v. Trani, 109 A.D.3d 769, 770, 971 N.Y.S.2d 535 ; Matter of Haggerty v. Board of Elections of City of N.Y., 218 A.D.2d 773, 630 N.Y.S.2d 582 ; Matter of Cantatore v. Sunderland, 196 A.D.2d 606, 607, 601 N.Y.S.2d 191 ). The petitioner's challenge to the constitutionality of Election Law § 6–154(2), as interpreted by the Court of Appeals in Lucariello v. Niebel, 72 N.Y.2d 927, 532 N.Y.S.2d 839, 529 N.E.2d 176, is without merit.
The parties' remaining contentions need not be addressed in light of our determination.
DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.