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In the Matter of Moskowitz v. Fotinatos

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 2003
307 A.D.2d 1013 (N.Y. App. Div. 2003)

Opinion

2003-07143

Argued August 19, 2003.

August 20, 2003.

In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petition for an opportunity to ballot by providing for a write-in candidate pursuant to Election Law § 6-164 in a primary election to be held on September 9, 2003, for the nomination of the Working Families Party as its candidate for the public office of County Executive of Suffolk County, the petitioners appeal from a final order of the Supreme Court, Suffolk County (Pines, J.), dated August 15, 2003, which denied the petition and dismissed the proceeding.

Before: DAVID S. RITTER, J.P., NANCY E. SMITH, SONDRA MILLER, HOWARD MILLER, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the final order is affirmed, without costs or disbursements.

The petitioners are not persons authorized by Election Law § 16-102 to bring this proceeding ( see Election Law § 16-102; Matter of Raphael v. Montgomery County Bd. of Elections, 175 A.D.2d 965; Matter of Twombly v. Hall, 71 A.D.2d 939).

The petitioners' remaining contentions either are without merit or have been rendered academic in light of our determination.

RITTER, J.P., SMITH, S. MILLER, H. MILLER and TOWNES, JJ., concur.


Summaries of

In the Matter of Moskowitz v. Fotinatos

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 2003
307 A.D.2d 1013 (N.Y. App. Div. 2003)
Case details for

In the Matter of Moskowitz v. Fotinatos

Case Details

Full title:IN THE MATTER OF LAWRENCE C. MOSKOWITZ, ET AL., appellants, v. JOAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 20, 2003

Citations

307 A.D.2d 1013 (N.Y. App. Div. 2003)
763 N.Y.S.2d 755