Swirsky v. Smallwood

Full title: SHELDON SWIRSKY, Appellant, v. DARYL A. SMALLWOOD et al., Respondents

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

Date published: Mar 13, 1989

148 A.D.2d 523 (N.Y. App. Div. 1989)

539 N.Y.S.2d 27

Opinion

March 13, 1989

Appeal from the Supreme Court, Nassau County (Roberto, J.).

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

The proceeding must be dismissed as jurisdictionally defective because the objector failed to join and serve a necessary party, that is, the other candidate whose name appears on the challenged petition (see, CPLR 1001 [a]; Matter of Miranda v. Erie County Bd. of Elections, 59 A.D.2d 643; cf., Matter of McGoey v. Black, 100 A.D.2d 635). Mangano, J.P., Lawrence, Kooper and Sullivan, JJ., concur.