Opinion
March 12, 1971
Appeal from a judgment of the Supreme Court at Special Term, entered March 8, 1971 in Ulster County, which granted a petition to declare null and void the nominations of Carl Grassi as the Republican candidate for Mayor and Richard Priest as the Conservative candidate for Trustee. Petitioners allege that the nominations are void for noncompliance with subdivision 4 of section 137 of the Election Law, neither candidate being an enrolled member of the party which made the challenged nomination. While no certificate authorizing the nomination of appellant Grassi was filed, none was required; he was nominated at a caucus of the Republican Party, and section 137 does not apply to nominations made at a party caucus ( Matter of Schwarz v. Millspaugh, 30 Misc.2d 1060). A certificate of authorization is required to validate the nomination of appellant Priest by the Conservative Party's Committee on Vacancies (§ 137, subd. 3). Such certificate was filed by the Ulster County Committee of the Conservative Party, which is empowered to authorize the nomination of persons who are not enrolled as a member (§ 137, subd. 4; see Matter of Miller v. Meisser, 22 N.Y.2d 318). Judgment reversed, on the law, and petition dismissed, without costs. Staley, Jr., J.P., Cooke, Sweeney and Simons, JJ., concur.