Johnson v. Bagliore

Appellate Division of the Supreme Court of New York

Johnson v. Bagliore

218 A.D.2d 775, 630 N.Y.S.2d 819, 1995 N.Y. App. Div. LEXIS 8883

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

DecidedAugust 23, 1995

StatusPublished

Cited by1 cases

This text of 218 A.D.2d 775 (Johnson v. Bagliore) 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

Johnson v. Bagliore, 218 A.D.2d 775, 630 N.Y.S.2d 819, 1995 N.Y. App. Div. LEXIS 8883 (N.Y. Ct. App. 1995).

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Opinion

—In a proceeding to invalidate a petition designating Daniel Bagliore, et al., as candidates in a primary election to be held on September 12, 1995, for the Republican Party positions of Male and Female Member of the Republican State Committee, Delegates and Alternate Delegates to the 2nd Judicial District Republican Convention, and Republican Party County Committee Member from the 41st Assembly District, the appeal is from a judgment of the Supreme Court, Kings County (Kramer, J.), dated August 9,1995, which denied the petition and dismissed the proceeding.

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

The appellants challenged the designating petition, claiming that certain of the candidates for the position of Republican Party County Committee Member from the 41st Assembly District did not knowingly consent to having their names [776]*776placed on the ballot. The petition was properly dismissed since all of the candidates signed written consent forms which clearly stated that each "consent[ed] to be a candidate for the party position of Republican Party County Committee Member” (see, Matter of Gambino v Melillo, 218 AD2d 771 [decided herewith]; cf., Matter of Richardson v Luizzo, 64 AD2d 942, affd 45 NY2d 789; Matter of Valli v Walker, 175 AD2d 895, 896). Bracken, J. P., O’Brien, Santucci, Joy and Friedmann, JJ., concur.

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—In a proceeding to invalidate a petition designating Daniel Bagliore, et al., as candidates in a primary election to be held on September 12, 1995, for the Republican Party positions of Male and Female Member of the Republican State Committee, Delegates and Alternate Delegates to the 2nd Judicial District Republican Convention, and Republican Party County Committee Member from the 41st Assembly District, the appeal is from a judgment of the Supreme Court, Kings County (Kramer, J.), dated August 9,1995, which denied the petition and dismissed the proceeding.

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

The appellants challenged the designating petition, claiming that certain of the candidates for the position of Republican Party County Committee Member from the 41st Assembly District did not knowingly consent to having their names [776]*776placed on the ballot. The petition was properly dismissed since all of the candidates signed written consent forms which clearly stated that each "consent[ed] to be a candidate for the party position of Republican Party County Committee Member” (see, Matter of Gambino v Melillo, 218 AD2d 771 [decided herewith]; cf., Matter of Richardson v Luizzo, 64 AD2d 942, affd 45 NY2d 789; Matter of Valli v Walker, 175 AD2d 895, 896). Bracken, J. P., O’Brien, Santucci, Joy and Friedmann, JJ., concur.

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Bluebook (online)

218 A.D.2d 775, 630 N.Y.S.2d 819, 1995 N.Y. App. Div. LEXIS 8883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-bagliore-nyappdiv-1995.

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