Matter of Voyticky v. New York City Board

Full title: In the Matter of FRANCIS C. VOYTICKY et al., Appellants, v. NEW YORK CITY…

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

Date published: Feb 15, 1996

224 A.D.2d 565 (N.Y. App. Div. 1996)

638 N.Y.S.2d 360

Opinion

February 15, 1996

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

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

The court properly dismissed the proceeding on the ground that the appellants did not have standing to bring the proceeding (see, Matter of Sgambati v. New York City Bd. of Elections, 224 A.D.2d 564 [decided herewith]). In addition, the court did not improvidently exercise its discretion in denying the appellants' motion to amend the petition to allege that the appellants have standing as "aggrieved candidates" (see, Felix v. Lettre, 204 A.D.2d 679).

In light of our determination, we need not reach the parties' remaining contentions. Bracken, J.P., Sullivan, Santucci, Hart and Krausman, JJ., concur.