From Casetext: Smarter Legal Research

Matter of Maltese v. Anderson [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
(N.Y. App. Div. Aug. 18, 1999)

Opinion

Argued August 17, 1999

August 18, 1999

SONDRA MILLER, J.P., DAVID S. RITTER, HOWARD MILLER, and NANCY E. SMITH, JJ.


DECISION ORDER

In a proceeding, inter alia, to invalidate the petitions designating the individual respondents as candidates in a primary election to be held on September 14, 1999, for the Republican Party position of Member of the Queens County Republican County Committee for their respective Election Districts in the 28th Assembly District, the petitioner appeals, as limited by his brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Posner, J.), dated August 9, 1999, as granted the motion of the individual respondents to dismiss the proceeding, and dismissed the proceeding.

ORDERED that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly held that the petitioner, as Chairman of the Queens County Republican Party County Committee, had no standing to challenge designating petitions (see, Election Law § 16-102 Elec.[1]; Matter of D'Alvia v. DiGiacomo, 175 A.D.2d 891; Matter of Davis v. Dutchess County Bd. of Elections, 153 A.D.2d 716; see also, Matter of Collins v. Kelly, 253 A.D.2d 571; Matter of Grogan v. Conservative Party of New York State, 77 A.D.2d 736).

S. MILLER, J.P., RITTER, H. MILLER, and SMITH, JJ., concur.


Summaries of

Matter of Maltese v. Anderson [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1999
(N.Y. App. Div. Aug. 18, 1999)
Case details for

Matter of Maltese v. Anderson [2d Dept 1999

Case Details

Full title:In the Matter of SERPHIN R. MALTESE, etc., appellant, v. ELLEN V…

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

Date published: Aug 18, 1999

Citations

(N.Y. App. Div. Aug. 18, 1999)