Opinion

Goodman v. Nassau County Board of Elections

  • 87 A.D.3d 668
  • 928 N.Y.2d 479
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Aug 17, 2011
Status
Published
Cited by
3 cases
Authority
More cited than 67.1%

The opinion

Petitioners raising a challenge under Election Law § 16-102 must complete service on all necessary parties (see Matter of McDonough v Scannapieco, 65 AD3d 647, 648 [2009]). Failure to serve a party mentioned in an order to show cause requires dismissal, even as to those parties who were properly served, if the party not served is a necessary party to the proceeding (see Matter of Wohl v Miller, 63 NY2d 687, 688 [1984]).

Here, as the candidates whose names appeared on the challenged designating petition, the appellants were necessary parties (see Swirsky v Smallwood, 148 AD2d 523 [1989]), and the petitioners’ failure to properly serve the appellants warranted *669 dismissal of the proceeding as jurisdictionally defective (see Matter of DiRoberto v Napoli, 247 AD2d 646 [1998]). Dillon, J.E, Florio, Lott and Cohen, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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