Opinion
2002-07591
Argued August 20, 2002
August 22, 2002.
In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petition designating Richard Jannaccio, Josephine C. Jones, Isaac M. Sasson, Dina Dahbany-Miraglia, and Sandy S. Contreras as candidates in a primary election to be held on September 10, 2002, for the nomination of the Democratic Party as its candidates for the public offices of Member of Assembly for the 22nd Assembly District; and the party offices of Assembly District Leader (Male) for the 22nd Assembly District, Part B; Female Member of the Democratic State Committee from the 22nd Assembly District, Assembly District Leader (Male) for the 22nd Assembly District, Part A, Assembly District Leader (Female) for the 22nd Assembly District, Part A, and Assembly District Leader (Female) for the 22nd Assembly District, Part B; from the 22nd Assembly District, respectively, the appeal is from a final order of the Supreme Court, Queens County (Lewis, J.), dated August 14, 2002, which denied the petition and dismissed the proceeding.
Before: A. GAIL PRUDENTI, P.J., SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ., STEPHEN G. CRANE, JJ.
ORDERED that the final order is affirmed, without costs or disbursements.
Contrary to the appellants' contention, their petition to validate was insufficiently pleaded as a matter of law. Such a validating petition must specify the individual determinations by the Board of Elections (hereinafter the Board) that the candidate claims were erroneous, or the signatures that the candidate claims the Board improperly invalidated (see Matter of Krueger v. Hickey, 59 N.Y.2d 680, 682; Matter of Green v. Mahr, 231 A.D.2d 480). Since the appellants' validating petition was not sufficiently particularized to give the Supreme Court and the parties notice of the Board's determinations which were claimed to be erroneous or the signatures that the candidates claimed were improperly invalidated (see CPLR 3013), it was properly denied by the Supreme Court (see Matter of Green v. Mahr, supra).
PRUDENTI, P.J., FEUERSTEIN, SCHMIDT, ADAMS and CRANE, JJ., concur.