Matter of Dietl v. Board of Elections in the City of New York

Appellate Division of the Supreme Court of New York

Matter of Dietl v. Board of Elections in the City of New York

2017 NY Slip Op 4573, 151 A.D.3d 504, 53 N.Y.S.3d 545

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

DecidedJune 8, 2017

Docket4398 100082/17

StatusPublished

This text of 2017 NY Slip Op 4573 (Matter of Dietl v. Board of Elections in the City of New York) 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.

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Matter of Dietl v. Board of Elections in the City of New York, 2017 NY Slip Op 4573, 151 A.D.3d 504, 53 N.Y.S.3d 545 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, New York County (Debra A. James, J.), entered May 12, 2017, which denied the petition to correct a voter registration, and dismissed this proceeding brought pursuant to Election Law § 16-108, unanimously affirmed, without costs.

The court correctly found that, by checking two different political party affiliations on his application to register as a new voter in the City of New York, petitioner failed to enroll in any party (Election Law § 5-302 [3]). We reject petitioner’s argument that respondent should have enrolled him in the party in which he had previously been enrolled, in Nassau County (see Election Law §§ 5-208 [4]; 5-304 [4]; Matter of Coopersmith v Ortutay, 76 AD3d 651 [2d Dept 2010]).

Concur — Sweeny, J.P., Renwick, Andrias, Kapnick and Kahn, JJ.

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Order, Supreme Court, New York County (Debra A. James, J.), entered May 12, 2017, which denied the petition to correct a voter registration, and dismissed this proceeding brought pursuant to Election Law § 16-108, unanimously affirmed, without costs.

The court correctly found that, by checking two different political party affiliations on his application to register as a new voter in the City of New York, petitioner failed to enroll in any party (Election Law § 5-302 [3]). We reject petitioner’s argument that respondent should have enrolled him in the party in which he had previously been enrolled, in Nassau County (see Election Law §§ 5-208 [4]; 5-304 [4]; Matter of Coopersmith v Ortutay, 76 AD3d 651 [2d Dept 2010]).

Concur — Sweeny, J.P., Renwick, Andrias, Kapnick and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 4573, 151 A.D.3d 504, 53 N.Y.S.3d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-dietl-v-board-of-elections-in-the-city-of-new-york-nyappdiv-2017.

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