Summary
In Hariton, the court similarly held that a nonenrolled member of the Conservative Party was not an "aggrieved candidate" under the same statute and thus lacked standing to challenge a petition designating that party's candidate.
Summary of this case from Matter of Stempel v. Albany County BoardOpinion
August 28, 1981
In a proceeding to invalidate the petition designating respondent John P. Finnerty as a candidate in the Conservative Party Primary Election to be held on September 10, 1981 for the public office of Suffolk County Legislator, 11th Legislative District, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated August 18, 1981, which dismissed the application. Judgment affirmed, without costs or disbursements. Since petitioner-appellant is not an enrolled member of the Conservative Party, he is not an "aggrieved candidate" and lacks standing to challenge the petition designating respondent Finnerty as that party's candidate for Suffolk County Legislator for the 11th Legislative District. (See Matter of Wydler v. Cristenfeld, 25 N.Y.2d 719; see, also, Matter of Menendez v. McNab, 83 A.D.2d 893.) In any event, we find no merit in petitioner's contention that respondent Finnerty's acceptance was invalid because it was executed and filed prior to the filing of the designating petition. Mollen, P.J., Hopkins, O'Connor and Weinstein, JJ., concur.