Essenberg v. Hamilton

Appellate Division of the Supreme Court of New York

Essenberg v. Hamilton

262 A.D.2d 319, 689 N.Y.S.2d 648, 1999 N.Y. App. Div. LEXIS 5883

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

DecidedJune 1, 1999

StatusPublished

This text of 262 A.D.2d 319 (Essenberg v. Hamilton) 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

Essenberg v. Hamilton, 262 A.D.2d 319, 689 N.Y.S.2d 648, 1999 N.Y. App. Div. LEXIS 5883 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In a proceeding pursuant to Election Law article 16, inter alia, to nullify a Certificate of Elected Officers and a Certificate of Rules filed by the respondents Thomas W. Hamilton and Sonia Diaz-LaRocca with the New York City Board of Elections on September 25, 1998, for a declaration that the County Committee of the Independence Party of Richmond County is not legally constituted, and to nullify the election of the respondents Thomas W. Hamilton and Sonia Diaz-LaRocca to offices of the County Committee of the Independence Party of Richmond County, the petitioner appeals from a judgment of the Supreme Court, Richmond County (Lebowitz, J.), dated December 10, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a hearing on all of the issues raised in this proceeding.

Under the circumstances of this case, the Supreme Court [320]*320erred in failing to hold a hearing on all of the issues raised in this proceeding before making its determination. Santucci, J. P., Joy, Feuerstein and Schmidt, JJ., concur.

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—In a proceeding pursuant to Election Law article 16, inter alia, to nullify a Certificate of Elected Officers and a Certificate of Rules filed by the respondents Thomas W. Hamilton and Sonia Diaz-LaRocca with the New York City Board of Elections on September 25, 1998, for a declaration that the County Committee of the Independence Party of Richmond County is not legally constituted, and to nullify the election of the respondents Thomas W. Hamilton and Sonia Diaz-LaRocca to offices of the County Committee of the Independence Party of Richmond County, the petitioner appeals from a judgment of the Supreme Court, Richmond County (Lebowitz, J.), dated December 10, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a hearing on all of the issues raised in this proceeding.

Under the circumstances of this case, the Supreme Court [320]*320erred in failing to hold a hearing on all of the issues raised in this proceeding before making its determination. Santucci, J. P., Joy, Feuerstein and Schmidt, JJ., concur.

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Bluebook (online)

262 A.D.2d 319, 689 N.Y.S.2d 648, 1999 N.Y. App. Div. LEXIS 5883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/essenberg-v-hamilton-nyappdiv-1999.