Helwig v. Asklar

Appellate Division of the Supreme Court of New York

Helwig v. Asklar

131 A.D.3d 814, 14 N.Y.S.3d 925

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

DecidedAugust 19, 2015

StatusPublished

This text of 131 A.D.3d 814 (Helwig v. Asklar) 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

Helwig v. Asklar, 131 A.D.3d 814, 14 N.Y.S.3d 925 (N.Y. Ct. App. 2015).

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Opinion

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered August 6, 2015 in a proceeding pursuant to Election Law article 16. The order granted the petition in part and ordered the Niagara County Board of Elections to strike respondent Michael Asklar’s name from the ballot for the 2015 primary and general elections as a Democratic Party candidate for the office of Niagara County Legislator, Seventh District.

It is hereby ordered that the order so appealed from is affirmed without costs for reasons stated in Matter of Angletti v Morreale (131 AD3d 808 [2015]).

All concur except Scudder, P.J., and Valentino, J., who dissent and vote to reverse the order insofar as appealed from and dismiss the petition in its entirety for reasons stated in the dissenting memorandum in Matter of Angletti v Morreale (131 AD3d 808 [2015]).

Present — Scudder, P.J., Lindley, Sconiers, Valentino and DeJoseph, JJ.

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Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered August 6, 2015 in a proceeding pursuant to Election Law article 16. The order granted the petition in part and ordered the Niagara County Board of Elections to strike respondent Michael Asklar’s name from the ballot for the 2015 primary and general elections as a Democratic Party candidate for the office of Niagara County Legislator, Seventh District.

It is hereby ordered that the order so appealed from is affirmed without costs for reasons stated in Matter of Angletti v Morreale (131 AD3d 808 [2015]).

All concur except Scudder, P.J., and Valentino, J., who dissent and vote to reverse the order insofar as appealed from and dismiss the petition in its entirety for reasons stated in the dissenting memorandum in Matter of Angletti v Morreale (131 AD3d 808 [2015]).

Present — Scudder, P.J., Lindley, Sconiers, Valentino and DeJoseph, JJ.

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Bluebook (online)

131 A.D.3d 814, 14 N.Y.S.3d 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helwig-v-asklar-nyappdiv-2015.

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