Home/New York Court of Appeals/MATTER OF CASS v. Krakower

MATTER OF CASS v. Krakower

914 N.E.2d 140, 13 N.Y.3d 118
New York Court of Appeals·Decided August 26, 2009·Published·Cited by 5 cases

Opinion

OPINION OF THE COURT

Per Curiam.

Election Law §§ 6-164 and 6-166 collectively require that an opportunity to ballot petition shall set forth the names of persons constituting a “committee to receive notices” and that “[a]ll required notices shall be served on the members of the committee named in the petition.” Here, petitioner, the aggrieved candidate, failed to serve or provide any notice of the present proceeding to the Committee to Receive Notices. Thus, the Appellate Division properly reversed Supreme Court’s denial of respondent’s motion to dismiss (65 AD3d 637 [2009]).

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in per curiam opinion.

Order affirmed.

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MATTER OF CASS v. Krakower, 914 N.E.2d 140, 13 N.Y.3d 118 (N.Y. 2009).

914 N.E.2d 140 (MATTER OF CASS v. Krakower) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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