Summary
In Borelli v. Meier (264 AD2d 479, 694 NYS2d [2d Dept 1999]), a slate of candidates aligned with the petitioner was elected at a meeting to the county committee. Subsequently, at a later convention, the prior election was invalidated and a rival slate of candidates was elected.
Summary of this case from Auerbach v. Suffolk Cnty. Comm. of the Conservative PartyOpinion
August 23, 1999.
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the application of the Westchester County Board of Elections to withdraw its appeal is granted, and its appeal is deemed withdrawn, without costs or disbursements; and it is further,
Ordered that on the appeal of the remaining appellants, the judgment is reversed, on the law, without costs or disbursements, and the petition is dismissed.
This proceeding is rooted in a controversy as to which of two opposing slates of candidates for membership in the Westchester County Committee from Ward 2 of the City of Yonkers had been duly elected at a meeting of the Ward Committee of Ward 2 of the City of Yonkers on September 16, 1998. Therefore, the slate of candidates declared at the September 24, 1998, convention to be elected from Ward 2 were necessary parties in the instant proceeding to challenge, among other things, the purported election of this slate ( see, CPLR 1001; Matter of Greenspan v. O'Rourke, 35 A.D.2d 671, affd 27 N.Y.2d 846; Matter of Schwimmer v. Power, 21 A.D.2d 835, 836; see also, Matter of Marin v. Board of Elections, 111 A.D.2d 489, 490, revd on other grounds 67 N.Y.2d 634). Since this proceeding is governed by the 10-day limitation period of Election Law § 16-102 Elec. (2) ( see, e.g., Matter of Stabile v. DeFronzo, 231 A.D.2d 577), timely joinder of these individuals as respondents in this proceeding is not possible and the petition must be dismissed ( see, Matter of Marin v. Board of Elections, supra, at 636-637; see generally, CPLR 1003).
In light of this conclusion, the parties' remaining contentions need not be addressed.
Bracken, J. P., O'Brien, Santucci and Goldstein, JJ., concur.