Seltzer v. New York State Right to Life Party

Appellate Division of the Supreme Court of New York

Seltzer v. New York State Right to Life Party

271 A.D.2d 518, 706 N.Y.S.2d 436, 2000 N.Y. App. Div. LEXIS 4067

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

DecidedApril 10, 2000

StatusPublished

This text of 271 A.D.2d 518 (Seltzer v. New York State Right to Life Party) 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

Seltzer v. New York State Right to Life Party, 271 A.D.2d 518, 706 N.Y.S.2d 436, 2000 N.Y. App. Div. LEXIS 4067 (N.Y. Ct. App. 2000).

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Opinion

—In an action, inter alia, for a judgment declaring that the nominations by the defendant New York State Right to Life Party of the defendants James M. Catterson, Leonard B. Austin, and Peter B. Skelos for the offices of Justice of the Supreme Court for the Tenth Judicial District was unconstitutional, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Mullen, J.), dated May 28, 1999, which granted the motion of the defendants James M. Catterson, Leonard B. Austin, and Peter B. Skelos to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that since the plaintiffs [519]*519are not members of the defendant New York State Right to Life Party, they lack standing to challenge that party’s nominations of the respondents for the offices of Justice of the Supreme Court for the Tenth Judicial District (see, Matter of Stempel v Albany County Bd. of Elections, 60 NY2d 801, 803).

The plaintiffs’ remaining contentions are without merit. Joy, J. P., Altman, Goldstein and H. Miller, JJ., concur.

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—In an action, inter alia, for a judgment declaring that the nominations by the defendant New York State Right to Life Party of the defendants James M. Catterson, Leonard B. Austin, and Peter B. Skelos for the offices of Justice of the Supreme Court for the Tenth Judicial District was unconstitutional, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Mullen, J.), dated May 28, 1999, which granted the motion of the defendants James M. Catterson, Leonard B. Austin, and Peter B. Skelos to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that since the plaintiffs [519]*519are not members of the defendant New York State Right to Life Party, they lack standing to challenge that party’s nominations of the respondents for the offices of Justice of the Supreme Court for the Tenth Judicial District (see, Matter of Stempel v Albany County Bd. of Elections, 60 NY2d 801, 803).

The plaintiffs’ remaining contentions are without merit. Joy, J. P., Altman, Goldstein and H. Miller, JJ., concur.

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Bluebook (online)

271 A.D.2d 518, 706 N.Y.S.2d 436, 2000 N.Y. App. Div. LEXIS 4067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seltzer-v-new-york-state-right-to-life-party-nyappdiv-2000.

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