Uciechowski v. Hill

Appellate Division of the Supreme Court of New York

Uciechowski v. Hill

205 A.D.2d 825, 615 N.Y.S.2d 299, 1994 N.Y. App. Div. LEXIS 5881

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

DecidedJune 2, 1994

StatusPublished

Cited by1 cases

This text of 205 A.D.2d 825 (Uciechowski v. Hill) 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

Uciechowski v. Hill, 205 A.D.2d 825, 615 N.Y.S.2d 299, 1994 N.Y. App. Div. LEXIS 5881 (N.Y. Ct. App. 1994).

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Opinion

Appeal from an order of the Supreme Court (Torraca, J.), entered September 15, 1993 in Sullivan County, which dismissed petitioners’ application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the designating petition naming respondent Joseph Wasser as the Democratic Party candidate for the office of Sullivan County Sheriff in the September 14,1993 primary election.

Petitioners sought to have the designating petition of Joseph Wasser as the Democratic Party candidate for Sheriff of Sullivan County declared invalid. Supreme Court dismissed the petition. Subsequently, both the primary and general elections for Sheriff of Sullivan County have taken place. This Court has no jurisdiction in the instant summary proceeding under the Election Law to order a new election or to remove the successful candidate from office. The appeal should therefore be dismissed as moot.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from an order of the Supreme Court (Torraca, J.), entered September 15, 1993 in Sullivan County, which dismissed petitioners’ application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the designating petition naming respondent Joseph Wasser as the Democratic Party candidate for the office of Sullivan County Sheriff in the September 14,1993 primary election.

Petitioners sought to have the designating petition of Joseph Wasser as the Democratic Party candidate for Sheriff of Sullivan County declared invalid. Supreme Court dismissed the petition. Subsequently, both the primary and general elections for Sheriff of Sullivan County have taken place. This Court has no jurisdiction in the instant summary proceeding under the Election Law to order a new election or to remove the successful candidate from office. The appeal should therefore be dismissed as moot.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

205 A.D.2d 825, 615 N.Y.S.2d 299, 1994 N.Y. App. Div. LEXIS 5881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/uciechowski-v-hill-nyappdiv-1994.

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