Opinion
No. 181.
Argued August 25, 2009.
Decided August 26, 2009.
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered August 20, 2009. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, Dutchess County (James V. Brands, J.), which had granted a petition seeking to invalidate two petitions for an opportunity to ballot to the extent of invalidating the petitions, (2) dismissed an appeal from an order of that court which had denied respondent Jon Baisley's motion to dismiss the petition for failure to join a necessary party, (3) granted the motion to dismiss and modified the order accordingly, (4) dismissed the proceeding, and (5) directed the Dutchess County Board of Elections to conduct primary elections, giving the members of the Conservative Party and Independence Party an opportunity to write in the name of a person for nomination as the candidate of the Conservative Party and the Independence Party for the public office of Supervisor of the Town of Poughkeepsie.
The Appellate Division concluded that the aggrieved candidate failed to name and serve the Committee to Receive Notices, as required by Election Law § 6-164, and that Supreme Court erred in denying respondent's motion to dismiss the petition and in invalidating the petitions for an opportunity to ballot.
Matter of Myers v Baisley, 65 AD3d 649, affirmed.
David A. Sears, Poughkeepsie, for appellant.
John Ciampoli, Albany, for respondent.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
Order affirmed ( see Matter of Cass v Krakower, 13 NY3d 118 [decided today]).