# Goodman v. Nassau County Board of Elections

> Appellate Division of the Supreme Court of the State of New York · August 17, 2011 · 87 A.D.3d 668

URL: https://www.frixlaw.com/law-library/cases/5828915

## Case

- **Full name:** In the Matter of Mona R. Goodman v. Nassau County Board of Elections, and Francine Adelson
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** August 17, 2011
- **Citations:** 87 A.D.3d 668; 928 N.Y.2d 479
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5828915

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5828915. Public record. Not legal advice.