Mroz v. Maloney

Appellate Division of the Supreme Court of New York

Mroz v. Maloney

185 A.D.2d 962, 587 N.Y.S.2d 854, 1992 N.Y. App. Div. LEXIS 10128

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

DecidedAugust 25, 1992

StatusPublished

Cited by1 cases

This text of 185 A.D.2d 962 (Mroz v. Maloney) 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

Mroz v. Maloney, 185 A.D.2d 962, 587 N.Y.S.2d 854, 1992 N.Y. App. Div. LEXIS 10128 (N.Y. Ct. App. 1992).

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Opinion

— In a proceeding to invalidate a petition designating Carolyn B. Maloney as a candidate in a primary election to be held on September 15, 1992, for the nomination of the Democratic Party as its candidate for the public office of Member of Congress from the 14th Congressional District, the appeal is from a judgment of the Supreme Court, Kings County (Garry, J.), dated August 13, 1992, which denied the application.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court that personal service was not properly made upon the candidate pursuant to the order to show cause. Moreover, were we to reach the merits of the case, we would find that the cover sheets of the designating petition complied with Election Law § 6-134, and the rules promulgated by the Board of Elections (see, Matter of Hirschfeld v Green, 185 AD2d 959 [decided herewith]; see also, L 1992, ch 79). Bracken, J. P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.

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— In a proceeding to invalidate a petition designating Carolyn B. Maloney as a candidate in a primary election to be held on September 15, 1992, for the nomination of the Democratic Party as its candidate for the public office of Member of Congress from the 14th Congressional District, the appeal is from a judgment of the Supreme Court, Kings County (Garry, J.), dated August 13, 1992, which denied the application.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court that personal service was not properly made upon the candidate pursuant to the order to show cause. Moreover, were we to reach the merits of the case, we would find that the cover sheets of the designating petition complied with Election Law § 6-134, and the rules promulgated by the Board of Elections (see, Matter of Hirschfeld v Green, 185 AD2d 959 [decided herewith]; see also, L 1992, ch 79). Bracken, J. P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.

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Bluebook (online)

185 A.D.2d 962, 587 N.Y.S.2d 854, 1992 N.Y. App. Div. LEXIS 10128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mroz-v-maloney-nyappdiv-1992.

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