Opinion

Brown v. DeBicki

  • 275 A.D.2d 883
  • 718 N.Y.S.2d 246
  • 2000 N.Y. App. Div. LEXIS 9684
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Sep 29, 2000
Status
Published
Cited by
0 cases
Authority
More cited than 2.9%

The opinion

—Order unanimously affirmed without costs. Memorandum: Respondent candidates filed designating petitions for the office of Member of Chautauqua County Independence Party Committee with the Chautauqua County Board of Elections. Petitioner commenced this proceeding seeking to invalidate those petitions on the ground that they violate article II, section 2-1 (1) of the Rules of the Chautauqua County Interim County Committee, Independence Party of New York, which requires that each election district have two members, one male and one female. Supreme Court properly determined that the rules were never in effect because they were not filed with the State Board of Elections. The Chautauqua County Interim County Committee has the same powers and, therefore, the same duties as a county committee (see, Rules of New York State Committee of Independence Party, art XV, § 2). Thus, the Interim County Committee was required to file its rules with the State Board of Elections (see, Election Law § 2-114 [1]; Matter of Bertan v O’Neill, 83 AD2d 984 , lv denied 54 NY2d 603 ; see also, Matter of Leirer v Suffolk County Comm. of Conservative Party of N. Y. State, 94 AD2d 797, 799 ; cf., Matter of Colucci v Manch, 177 AD2d 1054 , lv denied 78 NY2d 862 ). (Appeal from Order of Supreme Court, Chautauqua County, Doyle, *884 J. — Election Law.) Present — Pine, J. P., Hayes, Hurlbutt, Scudder and Kehoe, JJ. (Filed Aug. 23, 2000.)

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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