Matter of D'Angelo v. Executive Committee

Full title: In the Matter of RONALD J. D'ANGELO, Appellant, v. EXECUTIVE COMMITTEE OF…

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

Date published: Dec 28, 1992

188 A.D.2d 649 (N.Y. App. Div. 1992)

591 N.Y.S.2d 532

Opinion

December 28, 1992

Appeal from the Supreme Court, Kings County (Kramer, J.).

Ordered that the judgment is affirmed, with costs.

We reject the petitioner's contention that the respondents' failure to comply with the provisions contained in Election Law § 2-116 requires his reinstatement as the Chair of the Executive Committee. The Executive Committee of the County Committee of the Republican Party of Kings County exists solely by virtue of party rules and is not created by the Election Law (see, Matter of Bachmann v Coyne, 99 A.D.2d 742; Matter of Bauman v Fusco, 23 A.D.2d 404, 405, affd 16 N.Y.2d 952). Therefore, the provisions set forth in Election Law § 2-116 did not apply to the removal of the petitioner in this case.

We have reviewed the petitioner's remaining contentions and conclude that they are without merit. Mangano, P.J., Thompson, Bracken and Lawrence, JJ., concur.