Rodriguez v. Nieves

Appellate Division of the Supreme Court of New York

Rodriguez v. Nieves

242 A.D.2d 350, 661 N.Y.S.2d 663, 1997 N.Y. App. Div. LEXIS 8373

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

DecidedAugust 20, 1997

StatusPublished

Cited by3 cases

This text of 242 A.D.2d 350 (Rodriguez v. Nieves) 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

Rodriguez v. Nieves, 242 A.D.2d 350, 661 N.Y.S.2d 663, 1997 N.Y. App. Div. LEXIS 8373 (N.Y. Ct. App. 1997).

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Opinion

In a proceeding to invalidate a petition designating Javier Nieves as a candidate in a primary election to be held on September 9, 1997, for the nomination of the Democratic Party as its candidate for the public office of Member of the City Council of the City of New York from the 38th Council District, the appeal is from a judgment of the Supreme Court, Kings County (Garry, J.), dated August 6, 1997, which granted the application.

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

Since the appellant brought no petition to validate, the Supreme Court acted properly in not validating signatures which had been declared invalid by the Board of Elections (see, Matter of Krueger v Richards, 59 NY2d 680; Matter of Elwood v Jackson, 207 AD2d 507; Matter of Henry v Blake, 207 AD2d 508; Matter of Dickerson v Daly, 196 AD2d 610; Matter of Ford v D’Apice, 133 AD2d 191). O’Brien, J. P., Santucci, Joy, Friedmann and Florio, JJ., concur.

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In a proceeding to invalidate a petition designating Javier Nieves as a candidate in a primary election to be held on September 9, 1997, for the nomination of the Democratic Party as its candidate for the public office of Member of the City Council of the City of New York from the 38th Council District, the appeal is from a judgment of the Supreme Court, Kings County (Garry, J.), dated August 6, 1997, which granted the application.

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

Since the appellant brought no petition to validate, the Supreme Court acted properly in not validating signatures which had been declared invalid by the Board of Elections (see, Matter of Krueger v Richards, 59 NY2d 680; Matter of Elwood v Jackson, 207 AD2d 507; Matter of Henry v Blake, 207 AD2d 508; Matter of Dickerson v Daly, 196 AD2d 610; Matter of Ford v D’Apice, 133 AD2d 191). O’Brien, J. P., Santucci, Joy, Friedmann and Florio, JJ., concur.

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Bluebook (online)

242 A.D.2d 350, 661 N.Y.S.2d 663, 1997 N.Y. App. Div. LEXIS 8373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-nieves-nyappdiv-1997.

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