Hintz v. Board of Elections

Appellate Division of the Supreme Court of New York

Hintz v. Board of Elections

218 A.D.2d 773, 630 N.Y.S.2d 581

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

DecidedAugust 23, 1995

StatusPublished

Cited by2 cases

This text of 218 A.D.2d 773 (Hintz 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

Hintz v. Board of Elections, 218 A.D.2d 773, 630 N.Y.S.2d 581 (N.Y. Ct. App. 1995).

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Opinion

—In a proceeding to invalidate petitions designating various persons as candidates in a primary election to be held on September 12, 1995, for the Republican Party position of Member of the County Committee in the County of Queens, 37th Assembly District, the appeal is from a judgment of the Supreme Court, Queens County (Lonschein, J.), dated August 17, 1995, which dismissed the proceeding.

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

Contrary to the petitioner’s contention, the Supreme Court properly dismissed the proceeding. The petitioner, who was enrolled to vote in the 46th Election District, lacked standing to challenge the designating petitions with respect to all the candidates except the two candidates from the 46th Election District (see, Election Law § 6-154; Lucariello v Niebel, 72 NY2d 927, 928; Matter of Cantatore v Sunderland, 196 AD2d 606, 607). However, the petitioner failed to raise a substantive challenge to the listed candidates from the 46th Election District.

[774]*774The petitioner’s claim of fraud is without merit. Sullivan, J. P., Rosenblatt, Miller and Altman, JJ., concur.

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—In a proceeding to invalidate petitions designating various persons as candidates in a primary election to be held on September 12, 1995, for the Republican Party position of Member of the County Committee in the County of Queens, 37th Assembly District, the appeal is from a judgment of the Supreme Court, Queens County (Lonschein, J.), dated August 17, 1995, which dismissed the proceeding.

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

Contrary to the petitioner’s contention, the Supreme Court properly dismissed the proceeding. The petitioner, who was enrolled to vote in the 46th Election District, lacked standing to challenge the designating petitions with respect to all the candidates except the two candidates from the 46th Election District (see, Election Law § 6-154; Lucariello v Niebel, 72 NY2d 927, 928; Matter of Cantatore v Sunderland, 196 AD2d 606, 607). However, the petitioner failed to raise a substantive challenge to the listed candidates from the 46th Election District.

[774]*774The petitioner’s claim of fraud is without merit. Sullivan, J. P., Rosenblatt, Miller and Altman, JJ., concur.

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Bluebook (online)

218 A.D.2d 773, 630 N.Y.S.2d 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hintz-v-board-of-elections-nyappdiv-1995.

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