MacKay v. Essenberg

Appellate Division of the Supreme Court of New York

MacKay v. Essenberg

272 A.D.2d 547, 709 N.Y.S.2d 406, 2000 N.Y. App. Div. LEXIS 5841

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

DecidedMay 22, 2000

StatusPublished

This text of 272 A.D.2d 547 (MacKay v. Essenberg) 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

MacKay v. Essenberg, 272 A.D.2d 547, 709 N.Y.S.2d 406, 2000 N.Y. App. Div. LEXIS 5841 (N.Y. Ct. App. 2000).

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Opinion

—In a proceeding pursuant to Election Law § 16-102, inter alia, to enjoin the appellant, Arnold B. Firestone, from acting as or representing himself to be the County Chairperson of the Suffolk County Committee of the Independence Party of the State of New York, the appeal is from so much of a judgment of the Supreme Court, Suffolk County (D’Emilio, J.), dated September 2, 1999, as granted that branch of the petition which was to enjoin Arnold B. Firestone from “acting as or representing himself to be the County Chairperson of the Suffolk County Committee of the Independence Party until such time as he may be so elected, pursuant to the rules and regulations of the Suffolk County Committee of the Independence Party as adopted on September 23, 1998”.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

As Arnold B. Firestone did not commence a timely and procedurally proper proceeding to challenge the position of Frank M. MacKay as County Chairperson of the Suffolk County Committee of the Independence Party, the Supreme Court properly enjoined Firestone from holding himself out to be the chairperson (see, Matter of MacKay v Essenberg, 264 AD2d 700). S. Miller, J. P., Friedmann, Florio and Smith, JJ., concur.

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—In a proceeding pursuant to Election Law § 16-102, inter alia, to enjoin the appellant, Arnold B. Firestone, from acting as or representing himself to be the County Chairperson of the Suffolk County Committee of the Independence Party of the State of New York, the appeal is from so much of a judgment of the Supreme Court, Suffolk County (D’Emilio, J.), dated September 2, 1999, as granted that branch of the petition which was to enjoin Arnold B. Firestone from “acting as or representing himself to be the County Chairperson of the Suffolk County Committee of the Independence Party until such time as he may be so elected, pursuant to the rules and regulations of the Suffolk County Committee of the Independence Party as adopted on September 23, 1998”.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

As Arnold B. Firestone did not commence a timely and procedurally proper proceeding to challenge the position of Frank M. MacKay as County Chairperson of the Suffolk County Committee of the Independence Party, the Supreme Court properly enjoined Firestone from holding himself out to be the chairperson (see, Matter of MacKay v Essenberg, 264 AD2d 700). S. Miller, J. P., Friedmann, Florio and Smith, JJ., concur.

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Bluebook (online)

272 A.D.2d 547, 709 N.Y.S.2d 406, 2000 N.Y. App. Div. LEXIS 5841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackay-v-essenberg-nyappdiv-2000.

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