Dear v. Board of Elections

Appellate Division of the Supreme Court of New York

Dear v. Board of Elections

307 A.D.2d 1006, 763 N.Y.S.2d 509

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 20, 2003

StatusPublished

This text of 307 A.D.2d 1006 (Dear v. Board of Elections) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dear v. Board of Elections, 307 A.D.2d 1006, 763 N.Y.S.2d 509 (N.Y. Ct. App. 2003).

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Opinion

In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petition designating Noach Dear as a candidate in a primary election to be held on September 9, 2003, for the nomination of the Democratic Party as its candidate for the public office of Member of the City Council, City of New York, for the 44th Council District, and a separate proceeding pursuant to Election Law § 16-102, inter alia, to invalidate the designating petition, Noach Dear appeals from a final order of [1007]*1007the Supreme Court, Kings County (Levine, J.), dated August 8, 2003, which, after a hearing, denied the petition to validate, granted the separate petition to invalidate, and invalidated the designating petition.

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

Contrary to the contention of the appellant, Noach Dear, New York City Charter § 25 (a), as amended by Local Law No. 27 (2002) of City of New York, and New York City Charter § 1138 preclude him from running for office again until 2005. Further, these provisions, as applied to him, did not violate his constitutional rights, as he does not have a fundamental right to be a candidate (see Matter of Roth v Cuevas, 158 Misc 2d 238, 252 [1993], affd 197 AD2d 369 [1993], affd 82 NY2d 791 [1993]).

The appellant’s remaining contentions are without merit. Prudenti, P.J., Feuerstein, McGinity, Schmidt and Adams, JJ., concur.

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In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petition designating Noach Dear as a candidate in a primary election to be held on September 9, 2003, for the nomination of the Democratic Party as its candidate for the public office of Member of the City Council, City of New York, for the 44th Council District, and a separate proceeding pursuant to Election Law § 16-102, inter alia, to invalidate the designating petition, Noach Dear appeals from a final order of [1007]*1007the Supreme Court, Kings County (Levine, J.), dated August 8, 2003, which, after a hearing, denied the petition to validate, granted the separate petition to invalidate, and invalidated the designating petition.

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

Contrary to the contention of the appellant, Noach Dear, New York City Charter § 25 (a), as amended by Local Law No. 27 (2002) of City of New York, and New York City Charter § 1138 preclude him from running for office again until 2005. Further, these provisions, as applied to him, did not violate his constitutional rights, as he does not have a fundamental right to be a candidate (see Matter of Roth v Cuevas, 158 Misc 2d 238, 252 [1993], affd 197 AD2d 369 [1993], affd 82 NY2d 791 [1993]).

The appellant’s remaining contentions are without merit. Prudenti, P.J., Feuerstein, McGinity, Schmidt and Adams, JJ., concur.

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Bluebook (online)

307 A.D.2d 1006, 763 N.Y.S.2d 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dear-v-board-of-elections-nyappdiv-2003.

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