Mullen v. Fucciollo

Appellate Division of the Supreme Court of New York

Mullen v. Fucciollo

153 A.D.2d 711, 544 N.Y.S.2d 980, 1989 N.Y. App. Div. LEXIS 11051

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

DecidedAugust 23, 1989

StatusPublished

Cited by1 cases

This text of 153 A.D.2d 711 (Mullen v. Fucciollo) 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

Mullen v. Fucciollo, 153 A.D.2d 711, 544 N.Y.S.2d 980, 1989 N.Y. App. Div. LEXIS 11051 (N.Y. Ct. App. 1989).

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Opinion

In a proceeding to invalidate petitions designating Gerard Fucciollo and Priscilla Fucciollo as candidates in the Republican Party primary election to be held on September 12, 1989, for the party position of Member of the Republican County Committee for the 126th Election District in the Town of Babylon, the appeal is from a judgment of the [712]*712Supreme Court, Suffolk County (McCarthy, J.), entered August 18, 1989, which dismissed the proceeding.

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

This proceeding was properly dismissed due to the petitioner’s failure to join, as a necessary party, one of the two Commissioners constituting the Suffolk County Board of Elections or the Suffolk County Board of Elections itself (see, Gagliardo v Colascione, 153 AD2d 710 [decided herewith]; CPLR 1001 [a]; Matter of Oberle v Caracappa, 133 AD2d 241; Matter of Curcio v Wolf, 133 AD2d 188).

In light of this determination, we need not reach the remaining issues raised. Lawrence, J. P., Rubin, Kooper, Sullivan and Rosenblatt, JJ., concur.

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In a proceeding to invalidate petitions designating Gerard Fucciollo and Priscilla Fucciollo as candidates in the Republican Party primary election to be held on September 12, 1989, for the party position of Member of the Republican County Committee for the 126th Election District in the Town of Babylon, the appeal is from a judgment of the [712]*712Supreme Court, Suffolk County (McCarthy, J.), entered August 18, 1989, which dismissed the proceeding.

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

This proceeding was properly dismissed due to the petitioner’s failure to join, as a necessary party, one of the two Commissioners constituting the Suffolk County Board of Elections or the Suffolk County Board of Elections itself (see, Gagliardo v Colascione, 153 AD2d 710 [decided herewith]; CPLR 1001 [a]; Matter of Oberle v Caracappa, 133 AD2d 241; Matter of Curcio v Wolf, 133 AD2d 188).

In light of this determination, we need not reach the remaining issues raised. Lawrence, J. P., Rubin, Kooper, Sullivan and Rosenblatt, JJ., concur.

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Bluebook (online)

153 A.D.2d 711, 544 N.Y.S.2d 980, 1989 N.Y. App. Div. LEXIS 11051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullen-v-fucciollo-nyappdiv-1989.

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