Opinion
2003-07064
Argued August 19, 2003.
August 20, 2003.
In a proceeding pursuant to Election Law § 16-102 to invalidate a petition for an opportunity to ballot by providing for a write-in candidate pursuant to Election Law § 6-164 for the nomination of the Working Families Party for the public office of Suffolk County Legislator for the 6th Legislative District, in a primary election to be held on September 9, 2003, the appeal is from a final order of the Supreme Court, Suffolk County (Lifson, J.), dated August 8, 2003, which granted the petition and, in effect, invalidated the petition for an opportunity to ballot.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, SONDRA MILLER, HOWARD MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the final order is affirmed, without costs or disbursements.
Contrary to the contention of the nonparty-appellant, Daniel Losquadro, the Supreme Court properly found that he was not a necessary and indispensable party who had to be served before the expiration of the limitation period ( see Election Law § 16-102; Matter of Werner v. Castiglione, 286 A.D.2d 553; cf. Matter of Sparrow v. Riddick, 303 A.D.2d 429).
The nonparty-appellant's contention that the Supreme Court improperly, in effect, invalidated the petition for an opportunity to ballot on the ground that it failed to designate a "Committee to Receive Notices" is also without merit ( see Election Law § 6-134). "The Committee to Receive Notices * * * remains an essential element of an opportunity to ballot petition," and under the circumstances herein, "the complete absence of any such Committee is a fatal defect" ( Matter of Werner v. Castiglione, supra; see Matter of Ferlicca v. Starkweather, 219 A.D.2d 795).
RITTER, J.P., SMITH, S. MILLER, H. MILLER and TOWNES, JJ., concur.