DeVore v. Notice

Appellate Division of the Supreme Court of New York

DeVore v. Notice

185 A.D.2d 955, 587 N.Y.S.2d 862, 1992 N.Y. App. Div. LEXIS 10119

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

DecidedAugust 25, 1992

StatusPublished

This text of 185 A.D.2d 955 (DeVore v. Notice) 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

DeVore v. Notice, 185 A.D.2d 955, 587 N.Y.S.2d 862, 1992 N.Y. App. Div. LEXIS 10119 (N.Y. Ct. App. 1992).

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Opinion

In a proceeding to validate a petition designating Van DeVore as a candidate in a primary election to be held on September 15, 1992, for nomination of the Democratic Party as its candidate for the public office of Senator for the 12th Senatorial District, the appeal is from a judgment of the Supreme Court, Queens County (Graci, J.), dated August 19, 1992, which dismissed the proceeding for lack of jurisdiction.

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

We find that the petitioner failed to effect service of the petition on the respondents in accordance with the terms of the order to show cause. In consequence, the court lacked jurisdiction to entertain the proceeding and, accordingly, properly dismissed it (see, Matter of Butler v Gargiulo, 77 AD2d 939; Matter of Bruno v Ackerson, 51 AD2d 1051, affd 39 NY2d 718). Bracken, J. P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.

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In a proceeding to validate a petition designating Van DeVore as a candidate in a primary election to be held on September 15, 1992, for nomination of the Democratic Party as its candidate for the public office of Senator for the 12th Senatorial District, the appeal is from a judgment of the Supreme Court, Queens County (Graci, J.), dated August 19, 1992, which dismissed the proceeding for lack of jurisdiction.

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

We find that the petitioner failed to effect service of the petition on the respondents in accordance with the terms of the order to show cause. In consequence, the court lacked jurisdiction to entertain the proceeding and, accordingly, properly dismissed it (see, Matter of Butler v Gargiulo, 77 AD2d 939; Matter of Bruno v Ackerson, 51 AD2d 1051, affd 39 NY2d 718). Bracken, J. P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.

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Bluebook (online)

185 A.D.2d 955, 587 N.Y.S.2d 862, 1992 N.Y. App. Div. LEXIS 10119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devore-v-notice-nyappdiv-1992.

Opinion

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