Malave-Dilan v. Pair

Appellate Division of the Supreme Court of New York

Malave-Dilan v. Pair

122 A.D.2d 906, 505 N.Y.S.2d 946, 1986 N.Y. App. Div. LEXIS 59397

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

DecidedAugust 20, 1986

StatusPublished

Cited by1 cases

This text of 122 A.D.2d 906 (Malave-Dilan v. Pair) 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

Malave-Dilan v. Pair, 122 A.D.2d 906, 505 N.Y.S.2d 946, 1986 N.Y. App. Div. LEXIS 59397 (N.Y. Ct. App. 1986).

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Opinion

— In consolidated proceedings to validate and invalidate a petition designating Martin Malave-Dilan as a candidate in the Democratic Party primary election to be held on September 9, 1986, for the public office of Member of the New York State Assembly from the 54th Assembly District, the appeal is from a judgment of the Supreme Court, Kings County (Slavin, J.), dated August 8, 1986, which dismissed the proceeding to validate the petition and granted the cross application to invalidate the petition.

Judgment affirmed, without costs or disbursements.

The record supports the determination by the Supreme Court, Kings County, that no attempt was made to serve the objector Roa, a necessary party. Therefore, the petition to validate was properly dismissed (see, Matter of Macri v D'Apice, 122 AD2d 905). Bracken, J. P., Niehoff, Eiber and Spatt JJ., concur.

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— In consolidated proceedings to validate and invalidate a petition designating Martin Malave-Dilan as a candidate in the Democratic Party primary election to be held on September 9, 1986, for the public office of Member of the New York State Assembly from the 54th Assembly District, the appeal is from a judgment of the Supreme Court, Kings County (Slavin, J.), dated August 8, 1986, which dismissed the proceeding to validate the petition and granted the cross application to invalidate the petition.

Judgment affirmed, without costs or disbursements.

The record supports the determination by the Supreme Court, Kings County, that no attempt was made to serve the objector Roa, a necessary party. Therefore, the petition to validate was properly dismissed (see, Matter of Macri v D'Apice, 122 AD2d 905). Bracken, J. P., Niehoff, Eiber and Spatt JJ., concur.

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Bluebook (online)

122 A.D.2d 906, 505 N.Y.S.2d 946, 1986 N.Y. App. Div. LEXIS 59397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malave-dilan-v-pair-nyappdiv-1986.

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