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Matter of Stark v. Friedman

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 909 (N.Y. App. Div. 1986)

Opinion

August 20, 1986

Appeal from the Supreme Court, Kings County (Vinik, J.).


Cross appeal dismissed, without costs or disbursements (see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539; Matter of Fox v Westchester County Bd. of Elections, 112 A.D.2d 1063).

Judgment affirmed, without costs or disbursements.

The hearing court properly invalidated Jacque Friedman's designating petition on the ground that the place of residence listed on the petition of both himself and his wife, as subscribing witnesses, failed to satisfy the requirements of Election Law § 6-132 (2), which includes the requirement that a subscribing witness correctly set forth the address at which he or she now resides.

With respect to the cross appeal, we note that the petitioners objectors are not aggrieved by the judgment cross-appealed from (see, CPLR 5511). To the extent that the issue they raised on their cross appeal is reviewable on Friedman's appeal (see, CPLR 5501 [a] [1]), in light of the foregoing decision we need not reach that issue. Bracken, J.P., Niehoff, Eiber and Spatt, JJ., concur.


Summaries of

Matter of Stark v. Friedman

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 909 (N.Y. App. Div. 1986)
Case details for

Matter of Stark v. Friedman

Case Details

Full title:In the Matter of STEPHEN C. STARK et al., Respondents-Appellants, v…

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

Date published: Aug 20, 1986

Citations

122 A.D.2d 909 (N.Y. App. Div. 1986)

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