# Hintz v. Board of Elections

> Appellate Division of the Supreme Court of the State of New York · August 23, 1995 · 218 A.D.2d 773

URL: https://www.frixlaw.com/law-library/cases/9919939

## Case

- **Full name:** In the Matter of Julius H. Hintz v. Board of Elections of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** August 23, 1995
- **Citations:** 218 A.D.2d 773; 630 N.Y.S.2d 581
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 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/9919939

## Opinion text

—In a proceeding to invalidate petitions designating various persons as candidates in a primary election to be held on September 12, 1995, for the Republican Party position of Member of the County Committee in the County of Queens, 37th Assembly District, the appeal is from a judgment of the Supreme Court, Queens County (Lonschein, J.), dated August 17, 1995, which dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
Contrary to the petitioner’s contention, the Supreme Court properly dismissed the proceeding. The petitioner, who was enrolled to vote in the 46th Election District, lacked standing to challenge the designating petitions with respect to all the candidates except the two candidates from the 46th Election District (see, Election Law § 6-154; Lucariello v Niebel, 72 NY2d 927, 928 ; Matter of Cantatore v Sunderland, 196 AD2d 606, 607 ). However, the petitioner failed to raise a substantive challenge to the listed candidates from the 46th Election District.
*774 The petitioner’s claim of fraud is without merit. Sullivan, J. P., Rosenblatt, Miller and Altman, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9919939. Public record. Not legal advice.