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Matter of Smith v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 562 (N.Y. App. Div. 1999)

Opinion

Submitted October 22, 1999

October 28, 1999

In a proceeding pursuant to Election Law article 16 to invalidate a certificate designating Douglas E. Holland and Louis J. Profenna as candidates of the Conservative Party for the public office of Member of the Town Council, Town of Clarkstown, County of Rockland, in a general election to be held on November 2, 1999, the petitioners appeal from an order of the Supreme Court, Rockland County (Bergerman, J.).


ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court properly determined that the petitioners' failure to join four of the six candidates named in the subject designating certificate, whose rights are inextricably interwoven with those of the respondents Douglas E. Holland and Louis J. Profenna, mandates dismissal of the proceeding (see, e.g., Matter of Greenspan v. O'Rourke, 27 N.Y.2d 846 ; Matter of Castracan v. Colavita, 173 A.D.2d 924 ;Matter of Sahler v. Callahan, 92 A.D.2d 976 ; cf., Matter of Buchanan v. Espada, Jr., 88 N.Y.2d 973 ; Matter of Fatone v. Board of Elections of County of Rensselaer, 218 A.D.2d 913 ). Consequently, we do not reach the substantive issues presented.

SANTUCCI, J.P., SULLIVAN, KRAUSMAN, and SCHMIDT, JJ., concur.


Summaries of

Matter of Smith v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 562 (N.Y. App. Div. 1999)
Case details for

Matter of Smith v. Kelly

Case Details

Full title:In the Matter of ANN MARIE SMITH, et al., appellants, v. ANNE MARIE KELLY…

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 562 (N.Y. App. Div. 1999)
696 N.Y.S.2d 890

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