Kendall v. Anderson

Appellate Division of the Supreme Court of New York

Kendall v. Anderson

287 A.D.2d 665, 731 N.Y.S.2d 897

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

DecidedOctober 25, 2001

StatusPublished

This text of 287 A.D.2d 665 (Kendall v. Anderson) 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

Kendall v. Anderson, 287 A.D.2d 665, 731 N.Y.S.2d 897 (N.Y. Ct. App. 2001).

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Opinion

—In a consolidated proceeding pursuant to the Election Law and an action for a declaratory judgment, Franz N. Stoppenbach appeals from a final order of the Supreme Court, Dutchess County (Nicolai, J.), dated September 18, 2001, which dismissed his petition to invalidate a petition designating Glenn S. Goldstein as a candidate in a primary election to be held on September 25, 2001, for the nomination of the Democratic Party as its candidate for the public office of Member of the Dutchess County Legislature for the 31st Legislative District, for failure to join Glenn S. Goldstein as a necessary party.

[666]*666Ordered that the final order is affirmed, without costs or disbursements.

The failure of Franz N. Stoppenbach to join Glenn S. Gold-stein as a necessary party to the proceeding within the limitation period set forth in Election Law § 16-102 [2] was a fatal defect that could not be cured after its expiration (see, Matter of Marin v Board of Elections, 67 NY2d 634; Matter of Curcio v Kelly, 193 AD2d 738). Accordingly, the Supreme Court properly dismissed his petition.

Stoppenbach’s remaining contentions are without merit. Krausman, J. P., Schmidt, Smith and Crane, JJ., concur.

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—In a consolidated proceeding pursuant to the Election Law and an action for a declaratory judgment, Franz N. Stoppenbach appeals from a final order of the Supreme Court, Dutchess County (Nicolai, J.), dated September 18, 2001, which dismissed his petition to invalidate a petition designating Glenn S. Goldstein as a candidate in a primary election to be held on September 25, 2001, for the nomination of the Democratic Party as its candidate for the public office of Member of the Dutchess County Legislature for the 31st Legislative District, for failure to join Glenn S. Goldstein as a necessary party.

[666]*666Ordered that the final order is affirmed, without costs or disbursements.

The failure of Franz N. Stoppenbach to join Glenn S. Gold-stein as a necessary party to the proceeding within the limitation period set forth in Election Law § 16-102 [2] was a fatal defect that could not be cured after its expiration (see, Matter of Marin v Board of Elections, 67 NY2d 634; Matter of Curcio v Kelly, 193 AD2d 738). Accordingly, the Supreme Court properly dismissed his petition.

Stoppenbach’s remaining contentions are without merit. Krausman, J. P., Schmidt, Smith and Crane, JJ., concur.

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Bluebook (online)

287 A.D.2d 665, 731 N.Y.S.2d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-v-anderson-nyappdiv-2001.

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