Bernardi v. Romeo

Appellate Division of the Supreme Court of New York

Bernardi v. Romeo

83 A.D.2d 985

Appellate Division of the Supreme Court of the State of New York·Decided August 26, 1981·No. Appeal No. 3·Published

Opinion

Order unanimously affirmed, without costs. Memorandum: We affirm Special Term and note that although we held in Matter of Bertan v O’Neill (83 AD2d 984) that the officers of the Onondaga County Conservative Party were not duly elected at the June 17 meeting, the record does not disclose that the Executive Committee of the Onondaga County Conservative Party was not otherwise validly constituted. Since the burden of showing such infirmity is on petitioner and the record before us fails to disclose it, there is no reason to invalidate its designations. (Appeal from order of Onondaga Supreme Court, Tenney, J. — election law.) Present — Dillon, P. J., Cardamone, Callahan, Denman and Schnepp, JJ.

(Decided Aug. 26, 1981.)

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Order unanimously affirmed, without costs. Memorandum: We affirm Special Term and note that although we held in Matter of Bertan v O’Neill (83 AD2d 984) that the officers of the Onondaga County Conservative Party were not duly elected at the June 17 meeting, the record does not disclose that the Executive Committee of the Onondaga County Conservative Party was not otherwise validly constituted. Since the burden of showing such infirmity is on petitioner and the record before us fails to disclose it, there is no reason to invalidate its designations. (Appeal from order of Onondaga Supreme Court, Tenney, J. — election law.) Present — Dillon, P. J., Cardamone, Callahan, Denman and Schnepp, JJ.

(Decided Aug. 26, 1981.)

Bernardi v. Romeo, 83 A.D.2d 985 (N.Y. Ct. App. 1981).

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Opinion

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