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Stipo v. Westchester County Bd. of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 2003
307 A.D.2d 1055 (N.Y. App. Div. 2003)

Opinion

2003-07322

Argued August 26, 2003.

August 26, 2003.

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a certificate of authorization designating Rebecca Ann Kittredge as a candidate in a primary election to be held on September 9, 2003, for the nomination of the Republican Party as its candidate for the public office of Member of the Town Council of the Town of North Castle, the appeal is from a final order of the Supreme Court, Westchester County (Smith, J.), entered August 12, 2003, which, after a hearing, granted the petition and invalidated the certificate of authorization.

Before: SONDRA MILLER, J.P., LEO F. McGINITY, STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

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

Not all of the members of the Republican Committee of the Town of North Castle [*2](hereinafter the Committee) were timely notified of the meeting at which Rebecca Ann Kittredge was endorsed as a candidate for the office of Member of the Town Council. Therefore, that meeting was held in contravention of the Committee's rules, and under the circumstances of this case the Supreme Court properly concluded that any action taken at the meeting was invalid ( see Israel v. Matthews, 171 A.D.2d 896, 898; Matter of Bachmann v. DeFronzo, 164 A.D.2d 926, 929).

S. MILLER, J.P., McGINITY, CRANE, COZIER and RIVERA, JJ., concur.


Summaries of

Stipo v. Westchester County Bd. of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 2003
307 A.D.2d 1055 (N.Y. App. Div. 2003)
Case details for

Stipo v. Westchester County Bd. of Elections

Case Details

Full title:IN THE MATTER OF JOHN L. STIPO, petitioner-respondent, v. WESTCHESTER…

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

Date published: Aug 26, 2003

Citations

307 A.D.2d 1055 (N.Y. App. Div. 2003)
763 N.Y.S.2d 781