MATTER OF STRANIERE v. Cutolo

368 N.E.2d 32, 42 N.Y.2d 984, 398 N.Y.S.2d 409, 1977 N.Y. LEXIS 2309

Opinion

Memorandum. Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division. The failure to join the objector Molinaro is not fatal. His objections were not reviewed by the Board of Elections. Under the circumstances of this case the objector Molinaro is not a necessary party since the aggrieved candidate himself has presented the issues for review (cf. Matter of Butler v Hayduk, 37 NY2d 497).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.