Lord v. Brandon

Appellate Division of the Supreme Court of New York

Lord v. Brandon

264 A.D.2d 456, 694 N.Y.S.2d 140, 1999 N.Y. App. Div. LEXIS 8793

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

DecidedAugust 18, 1999

StatusPublished

This text of 264 A.D.2d 456 (Lord v. Brandon) 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

Lord v. Brandon, 264 A.D.2d 456, 694 N.Y.S.2d 140, 1999 N.Y. App. Div. LEXIS 8793 (N.Y. Ct. App. 1999).

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Opinion

In a proceeding to validate a petition designating Bruce K. Lord as a candidate in a primary election to be held on September 14, 1999, for the nomination of the Independence Party as its candidate for the public office of Council Member, First Council [457]*457District, City of Yonkers, the appeal is from a judgment of the Supreme Court, Westchester County (Fredman, J.), entered August 12, 1999, which validated the petition.

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

Although the petitioner properly filed a request for judicial intervention with his order to show cause and paid the appropriate filing fee therefor, he failed to serve the request for judicial intervention with the papers he served on the appellant. The Supreme Court properly refused to dismiss the proceeding on that basis, as the failure to serve the request for judicial intervention is nonjurisdictional in nature (see, Matter of Buonocore v Village of S. Nyack, 238 AD2d 336).

The appellant’s remaining contentions are without merit. Bracken, J. P., McGinity, Feuerstein and Schmidt, JJ., concur.

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In a proceeding to validate a petition designating Bruce K. Lord as a candidate in a primary election to be held on September 14, 1999, for the nomination of the Independence Party as its candidate for the public office of Council Member, First Council [457]*457District, City of Yonkers, the appeal is from a judgment of the Supreme Court, Westchester County (Fredman, J.), entered August 12, 1999, which validated the petition.

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

Although the petitioner properly filed a request for judicial intervention with his order to show cause and paid the appropriate filing fee therefor, he failed to serve the request for judicial intervention with the papers he served on the appellant. The Supreme Court properly refused to dismiss the proceeding on that basis, as the failure to serve the request for judicial intervention is nonjurisdictional in nature (see, Matter of Buonocore v Village of S. Nyack, 238 AD2d 336).

The appellant’s remaining contentions are without merit. Bracken, J. P., McGinity, Feuerstein and Schmidt, JJ., concur.

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Bluebook (online)

264 A.D.2d 456, 694 N.Y.S.2d 140, 1999 N.Y. App. Div. LEXIS 8793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lord-v-brandon-nyappdiv-1999.

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