Doyle v. MacKay

Appellate Division of the Supreme Court of New York

Doyle v. MacKay

264 A.D.2d 698, 695 N.Y.S.2d 296, 1999 N.Y. App. Div. LEXIS 9068

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

DecidedSeptember 10, 1999

StatusPublished

This text of 264 A.D.2d 698 (Doyle v. MacKay) 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

Doyle v. MacKay, 264 A.D.2d 698, 695 N.Y.S.2d 296, 1999 N.Y. App. Div. LEXIS 9068 (N.Y. Ct. App. 1999).

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Opinion

In a proceeding, inter alia, to invalidate the September 23, 1998, organizational meeting of the County Committee of the Independence Party, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (D’Emilio, J.), dated September 2, 1999, which granted the respondents’ motion to dismiss the petition, and dismissed the proceeding.

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

The proceeding was properly dismissed for failure to join a necessary party (see, CPLR 1001 [a]; Matter of Schaffer v Withers, 186 AD2d 836; Matter of Rizzo v Withers, 158 AD2d 497; Matter of Oberle v Caracappa, 133 AD2d 241; Matter of Curcio v Wolf, 133 AD2d 188).

In light of this determination, we need not reach the petitioners’ remaining contentions. Santucci, J. P., Joy, Fried-mann and Goldstein, JJ., concur.

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In a proceeding, inter alia, to invalidate the September 23, 1998, organizational meeting of the County Committee of the Independence Party, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (D’Emilio, J.), dated September 2, 1999, which granted the respondents’ motion to dismiss the petition, and dismissed the proceeding.

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

The proceeding was properly dismissed for failure to join a necessary party (see, CPLR 1001 [a]; Matter of Schaffer v Withers, 186 AD2d 836; Matter of Rizzo v Withers, 158 AD2d 497; Matter of Oberle v Caracappa, 133 AD2d 241; Matter of Curcio v Wolf, 133 AD2d 188).

In light of this determination, we need not reach the petitioners’ remaining contentions. Santucci, J. P., Joy, Fried-mann and Goldstein, JJ., concur.

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Bluebook (online)

264 A.D.2d 698, 695 N.Y.S.2d 296, 1999 N.Y. App. Div. LEXIS 9068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-mackay-nyappdiv-1999.

Opinion

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