Spallone v. D'Apice

Appellate Division of the Supreme Court of New York

Spallone v. D'Apice

112 A.D.2d 1080, 493 N.Y.S.2d 58, 1985 N.Y. App. Div. LEXIS 52288

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

DecidedAugust 22, 1985

StatusPublished

Cited by1 cases

This text of 112 A.D.2d 1080 (Spallone v. D'Apice) 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

Spallone v. D'Apice, 112 A.D.2d 1080, 493 N.Y.S.2d 58, 1985 N.Y. App. Div. LEXIS 52288 (N.Y. Ct. App. 1985).

Pincite

Opinion

In proceedings to invalidate petitions designating Michael F. Cipriani as a candidate of the Republican Party for the public office of Councilmember, 9th Ward, City of Yonkers, and Edward J. Fagan as a candidate of the Right to Life Party for the public office of Councilmember, 10th Ward, City of Yonkers, the appeal is from a judgment of the Supreme Court, Westchester County (Beisheim, J.), dated August 2, 1985, which dismissed the proceedings.

Judgment affirmed, without costs or disbursements.

Petitioners are not members of the same political parties as respondent candidates and thus are not "aggrieved candidates” within the meaning of Election Law § 16-102. Since petitioners were not objectors before the Board of Elections and are not "aggrieved candidates”, they do not have standing to maintain this proceeding (Matter of Stempel v Albany County Bd. of Elections, 60 NY2d 801; Matter of Menendez v McNab, 83 AD2d 893, appeal denied 54 NY2d 769).

In any event, we agree with Special Term that petitioners’ objections were insufficient to put the respondent candidates on notice as to the specific objections of petitioners to their designating petitions. Brown, J. P., O’Connor, Weinstein, Kunzeman and Kooper, JJ., concur.

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In proceedings to invalidate petitions designating Michael F. Cipriani as a candidate of the Republican Party for the public office of Councilmember, 9th Ward, City of Yonkers, and Edward J. Fagan as a candidate of the Right to Life Party for the public office of Councilmember, 10th Ward, City of Yonkers, the appeal is from a judgment of the Supreme Court, Westchester County (Beisheim, J.), dated August 2, 1985, which dismissed the proceedings.

Judgment affirmed, without costs or disbursements.

Petitioners are not members of the same political parties as respondent candidates and thus are not "aggrieved candidates” within the meaning of Election Law § 16-102. Since petitioners were not objectors before the Board of Elections and are not "aggrieved candidates”, they do not have standing to maintain this proceeding (Matter of Stempel v Albany County Bd. of Elections, 60 NY2d 801; Matter of Menendez v McNab, 83 AD2d 893, appeal denied 54 NY2d 769).

In any event, we agree with Special Term that petitioners’ objections were insufficient to put the respondent candidates on notice as to the specific objections of petitioners to their designating petitions. Brown, J. P., O’Connor, Weinstein, Kunzeman and Kooper, JJ., concur.

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Bluebook (online)

112 A.D.2d 1080, 493 N.Y.S.2d 58, 1985 N.Y. App. Div. LEXIS 52288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spallone-v-dapice-nyappdiv-1985.

Opinion

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