Opinion
No. 166
Decided August 30, 2002.
Appeal, in the first above-entitled proceeding, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered August 22, 2002, which, with two Justices dissenting, affirmed an order of the Supreme Court (Herman Cahn, J.), entered in New York County in a proceeding pursuant to Election Law § 16-110 (2), granting petitioner's application to strike respondent Spuches from enrollment as a member of the Democratic Party.
Appeal, in the second-entitled proceeding, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, also entered August 22, 2002, which, with two Justices dissenting, affirmed an order and judgment (one paper) of the Supreme Court (Herman Cahn, J.), entered in New York County, denying an application to validate a designating petition naming Christopher B. Spuches as a candidate for member of the Assembly from the 74th Assembly District.
Petitioners in the first proceeding sought to cancel the enrollment of respondent Christopher B. Spuches in the Democratic Party on the ground that Spuches is not in sympathy with the principles of the Democratic Party (Election Law § 16-110). Spuches had filed a change of enrollment from the Democratic to the Independence Party, not realizing the enrollment would not change until after the general election, in which he was seeking an Assembly position. He thereafter ciculated petitions for the Independence, Republican, and Democratic Party nominations. Supreme Court granted the petition and directed the Board of Elections to strike Spuches from enrollment as a member of the Democratic Party.
In the second proceeding, Spuches sought to validate a petition designating him as a candidate for the Democratic Party nomination for the Assembly, 74th Assembly District. Supreme Court denied Spuches' application.
The Appellate Division, with two Justices dissenting, affirmed both orders, concluding that petitioners met their burden under Election Law § 16-110 (2), and noting that Spuches initially filed to change his party registration.
Matter of Dankberg v. Spuches, 297 A.D.2d 254, affirmed.
Matter of Spuches v. Board of Elections in City of N.Y., 297 A.D.2d 254, affirmed.
Lawrence A. Mandelker, for appellant.
Arthur W. Greig, for respondents Dankberg, et al.
Before: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Graffeo.
Judge Rosenblatt took no part.
Order affirmed, without costs (see, Matter of Rivera v. Espada, 98 N.Y.2d 422 [decided today]). Spuches' remaining contention that the New York City Board of Elections improperly invalidated his designating petition is without merit. Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Graffeo concur. Judge Rosenblatt took no part.