From Casetext: Smarter Legal Research

Matter of Spallone v. D'Apice

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1985
112 A.D.2d 1080 (N.Y. App. Div. 1985)

Opinion

August 22, 1985

Appeal from the Supreme Court, Westchester County (Beisheim, J.).


Judgment affirmed, without costs or disbursements.

Petitioners are not members of the same political parties as respondent candidates and thus are not "aggrieved candidates" within the meaning of Election Law § 16-102. Since petitioners were not objectors before the Board of Elections and are not "aggrieved candidates", they do not have standing to maintain this proceeding ( Matter of Stempel v. Albany County Bd. of Elections, 60 N.Y.2d 801; Matter of Menendez v. McNab, 83 A.D.2d 893, appeal denied 54 N.Y.2d 769).

In any event, we agree with Special Term that petitioners' objections were insufficient to put the respondent candidates on notice as to the specific objections of petitioners to their designating petitions. Brown, J.P., O'Connor, Weinstein, Kunzeman and Kooper, JJ., concur.


Summaries of

Matter of Spallone v. D'Apice

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1985
112 A.D.2d 1080 (N.Y. App. Div. 1985)
Case details for

Matter of Spallone v. D'Apice

Case Details

Full title:In the Matter of HENRY SPALLONE, Appellant, v. ANTONIA R. D'APICE et al.…

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

Date published: Aug 22, 1985

Citations

112 A.D.2d 1080 (N.Y. App. Div. 1985)

Citing Cases

Nicolai v. Kelleher

There is no claim that either Maxwell or McDonald is a party chair. In addition, no evidence exists that…