The opinion
Matter of Kuhn v Chan
2025 NY Slip Op 31504(U)
April 29, 2025
Supreme Court, Suffolk County
Docket Number: Index No. 610287/2025
Judge: James Hudson
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
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FILED: SUFFOLK COUNTY CLERK 04/29/2025 03:30 PM INDEX NO. 610287/2025
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/29/2025
Short Form Order I DEX NO.: 610287/2025
~upreme ~ourt of tbe ~tate of Jl,ew !}ork
~ountp of ~uffolk
~ommercial ~ibision t)art xJL l'3J
PRESENT: HON. JAMES HUDSON MOTION DATE: 4/17/25
A cting Justice oftl,e Supreme Court SUBMIT DATE: 4/22/25
---------------------------------------------· ------------X Mot. Seq.# 001 - MG
In the Matter of the Application of
DAWN MARIE D. K HN, Candidate
Aggrieved,
Petitioner,
-against-
DAVID CHA , a Purported Candidate for the
Public Office of Councilmcmber 2nd Town
District, Town of Islip,
and
BETTY MA ZELLA, Commissioners
Constituting the Suffolk County Board of
Elections, JOHN ALBERTS, Commissioners
Constituting the Suffolk County Board of
Elections,
Respondents.
--------------------------------------------------------------X
Upon the fo llowing paper on this e-filed motion to inva lidate petition ; Notice of Motion/
Order to how au e and suppo1ting papers filed by petitio ner dated 4/17/25 ; otice ofCros Motion
and supporting papers · A n wering Affida its and supporting paper by respondents Manzella
and Alberts dated 4/21 /25 and Re pondent Chan dated 4/2 1/25 ; Replying Affida it and upporting
papers by dated · Other Return by Re pondents uffolk Co unty Board of Electio ns, Manzezlla and
Alberts filed 4/21 /25 Memorandum of law in opposition by respondent ha n dated 4/23 /25; and
affi nn at ion in re onse b Petitioner dated 4/28/25 · (a,ul after hearing counsel in support and opposed to
the motion) it is,
The matter at hand is an action pursuant to lection Law §§ 16-100 I 6-102 and 16-116
which seeks a declaration that the Democratic Party Certificate of uthorization and Designating
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FILED: SUFFOLK COUNTY CLERK 04/29/2025 03:30 PM INDEX NO. 610287/2025
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Kuhn v Chan 610287/2025
Petitions which de ignate David Chan as a Candidate of the Democratic Party for the Office of
Councilm mber, 2nd Town District, Town oflslip are null and void. The Petitioner also requests
an order prohibiting the Respondent Suffolk Board of Elections from placing Mr. Chan's name on
the Democratic Party's 2025 Primary ballot or from being designated as the Party ' s candidate in
the general election.
Petitioner is the candidate of the Republican and Conservative parties for the Office of
Councilmember, 2nd own District Town oflslip in the upcoming primary and general elections.
It is av rred, inter alia, that the Respondent Mr. Chan is a registered Republican. Accordingly, his
candidacy for the Democratic nomination could only be achieved by following the strictures of
Election Law§ 6-120.
This statute provides in relevant part that
(1) A petition ... for the purpose of designating any person as a
candidate for party nomination at a primary election shall be valid
only if the person so designated is an enrolled member of the party
referred to in said designating petition ... (2) Except .. . (3) The
members of the party committee representing the political
subdivision of the office for which a designation or nomination is to
be made, unless the rules of the party provide for another committee,
in which case the members of such other committee, ... may, by a
majority vote of those present at such meeting provided a quorum is
present authorize the designation or nomination of a person as
candidate for any office who is not enrolled as a member of uch
party ...
Mr. Chan obtained a Certificate of Authorization (also commonly referred to as a "Wilson
Pakula ') which wa filed with the Respondent BO on or about April 10th , 2025. This document
is dated April 9th , 2025 and refers to an earlier meeting which occurred on January 14th, 2025 at
which time a duly designated subcommittee conferred statutory authorization for him to proceed
in the D mocratic Party's June Primary.
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Kuhn v Chan 610287 /2025
The gravamen of the Petitioner's claim is centered on the timing of the Certificate of
Authorization. The Petitioner notes that ' In February of 2025 the Democratic Party nominated
Francis T. Genco a registered voter of the Democratic Party, as its candidate for Councilmember,
2nd Town District Town of Islip. From February 25 2025 to April 3, 2025 the Democratic Party
circulated a Designating Petition for Francis T. Genco and thereafter 5 volumes were submitted to
the uffolk County Board of Elections on behalf of Mr. Genco's candidacy containing
Identification umbers SU25-4 1, SU25-46, SU25- 48, S 25-50 and U25-55.' (Verified Petition
para 14, NYSCEF Doc No. 1).
The intervening nomination of Mr. G nco, P titioner argues, renders the earlier designation
"an. impossibil.ity" (Verified Petition para 13 ).
The Respondent Mr. Chan has filed a verified answer containing three objections in point
of law. The first objection and the basis of a motion to dismiss, is that the Petitioner has failed to
join a neces ary party, namely: the Suffolk County Democratic Party 's Executive Committee.
Initially, the Court must commend th attom ys who appeared before the Court for their
advocacy and sage argument. The parties are all well-served by such counsel.
Prior to examining the merits of the Petition the Court must consider whether the absence
of the Democratic Party from the petition is an impediment to going forward.
In support of his motion to dismiss, Respondent ' s Counsel, Mr. Silverman, argues that
. .. the Petitioner is challenging the action and authority of the Suffolk County Democratic
Committee in issuing a Certificate of Authorization and thus, the failure to join such Committee
as a necessary party is fatal to the petition requiring dismissal". In support of this contention,
Respondent relies on the holdings in Curcio v. Wolf, 133 AD2dl 88 (2d Dept I 987); Jacobellis v.
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Kuhn v Chan 610287/2025
Fonseca 43 AD3d484 (2d Dept 2007; Flores v. Kapsis 10 AD3d432 (2d Dept 2004) as well as the
language found in CPLR§lO0l(a).
In his eloquent reply, Mr. Losquadro urges the Court to apply the holding in Hensley v.
Efman , 192 Misc 2d 782, 747 NYS2d 339 (Sup Ct assau Cty 2002). In that case Justice Phelan,
of happy memory, wrote "[t]he members of the Committe to Fill Vacancies identified on a
candidate's designating petition are not necessary parties where a challenge is made to the validity
of the designating petition. However where the proceeding is brought challenging the action of
the committee itself its members are clearly necessary." (id. At 783)
Hensley is applicable herein petitioner asserts because she . . . merely and solely
challenges the face of the Certificate of Authorization purporting to nominate/designate David
Chan as a candidate of the Democratic Party for the Public Office of ouncilmember, 2nd Town
District, Town of Islip, as the document is inaccurate or impossible ' (Reply brief para 8 YSCEF
Doc o. 23).
For the reasons set forth below, the Court is not persuaded by this argument. Indeed, the
rule in Hensley was abrogated by the Court in Morgan v. de Blasio 29 Y3d 559 560 82 3d
447,448 (2017). In Morgan , the Court was pr sented with a fact pattern analogous to the case at
bar. A challenge was made to the Working Families Party' designation of Bill de Blasio as a
candidate in its primary election for Mayor of the City of ew York. As in the present instance,
the Executive Committee of the Political Party was not made a respondent. In upholding the
dismissal of the Petition, the Court of Appeals stated
Necessary parties are those 'who ought to be parties if complete
relief is to be accorded between the persons who are parties to the
action or who might be inequitably affected by a judgment in the
action" (CPLR 1001 [a]). Appellants rely on Matter of O'Brien v.
Seneca County Bd. of Elections, 22 AD3d 1036, 1036, 803 NYS2d
830 (4th Dept2005) and Matter of Seaman v. Bird, 176 AD2d 1061 ,
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1062 575 YS2d 207 (3d Dept 1991) to argue that, because
complete relief could be obtained from the Board of Elections the
Executive Board of the Working Families Party is not a necessary
party. Their reliance is misplaced. H re where petitioners assert that
the Executive Board's certificate of authorization was invalid under
Election Law§ 6- 120 the Executive Board of the Working Families
Party was a necessary party because a judgment on this issue could
inequitably affect its interests. To the extent that there are other
decisions to the contrary, they should not be follow d. (id. At 560)
An exception to the holding in Morgan was noted by the Court in LaLota v. New York State Bd.
of Elections, 183 AD3d 785,124 YS3d 395, (2d Dept 2020) when the challenged action was
whether or not a person was eligible ' ... to become a candidate for public office ... " (id. at 787)
Cox v. Spotli, 62 Misc 3d 1220 (A), 113 YS3d 471 (Sup Ct, Erie Cty) order affd, appeal
dismis ed, 165 AD3d 1648, 85 Y 3d 671 (2018) is illustrative of the Morgan Rule 's expan e.
In Cox the Court held that it was not necessary to include a Political Party s Executive Committee
as a respondent because " ... it as futile to name the existing Executive Committee as a party
because it wasfunctus officio, without power to act upon substantial matters such as nominations."
(id. at 1220(A)).
Petitioner's protestations to the contrary, this Court finds that the relief sought require the
Court to examine the "authority and actions of the Executive Committee" of the Suffolk County
Democratic Party in issuing Mr. Chan a Certificate of Authorization (Stein v. Kings Cnty.
Democratic Cnty. Comm. , 206 AD3d 845 , 846, 168 YS3d 345, 346 [2d Dept 2022]).
Accordingly, the failure to include the aforementioned Executive Committee (or duly constituted
sub-committee) obliges the Court to deny the Petition and grant the motion for dismissal (CPLR
§321 l (a)( l0)). The Court does not address the remaining contentions of the parties.
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Kuhn v Chan 6 J0287/2025
Therefore it is
ORDERED that the first objection in point oflaw to the Petition is sustained and the motion
to dismiss the Petition is granted. It is further
Ordered that the Petition is dismi ed.
Dated: April 29 th 2025
Riverhead NY HpN. JA ES HUDSON
A ~ l e of the Supreme our/
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