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Matter of Turso v. Sunderland

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1997
242 A.D.2d 351 (N.Y. App. Div. 1997)

Opinion

August 20, 1997

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


Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly determined that a so-called "Wilson-Pakula" certificate of authorization had to be filed with the Board of Elections in order for the Westchester County Conservative Party (hereinafter the party) to properly designate the appellant Gary M. Stracuzzi as its candidate for the public office of Westchester County Legislator for the Sixth Legislative District ( see, Election Law § 6-120). Pursuant to the party's bylaws, only the Executive or Governing Committees had the authority to issue the certificate of authorization. Because the stipulation entered into by the parties in open court indicated that neither committee was convened to consider Stracuzzi's designation, the certificate of authorization contained in the record could not have been issued by a duly authorized committee of the party as required by the party's bylaws and, therefore, is invalid. Accordingly, the application was properly granted.

The appellants' remaining contentions are without merit.

Mangano, P.J., Thompson, Pizzuto, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Turso v. Sunderland

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1997
242 A.D.2d 351 (N.Y. App. Div. 1997)
Case details for

Matter of Turso v. Sunderland

Case Details

Full title:In the Matter of THERESA TURSO et al., Respondents, v. CAROLEE SUNDERLAND…

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

Date published: Aug 20, 1997

Citations

242 A.D.2d 351 (N.Y. App. Div. 1997)
661 N.Y.S.2d 266

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