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Matter of Gazzara v. Suraci

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 613 (N.Y. App. Div. 1993)

Opinion

August 18, 1993

Appeal from the Supreme Court, Queens County (Flug, J.).


Ordered that the appeals from the judgments in Proceedings No. 1 and 2 are dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the appeal from the judgment in Proceeding No. 3 is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.10 [a] [1]).

In the absence of the transcript of the hearing held in these proceedings, the petitioner's contention that he had submitted an adequate number of valid signatures to warrant the equitable remedy of "opportunity to ballot" cannot be reviewed on appeal (see, Matter of Reiter v Black, 63 N.Y.2d 689; Matter of Taylor v McNab, 40 N.Y.2d 821; Matter of Leirer v Canary, 133 A.D.2d 196, 197). Bracken, J.P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.


Summaries of

Matter of Gazzara v. Suraci

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 613 (N.Y. App. Div. 1993)
Case details for

Matter of Gazzara v. Suraci

Case Details

Full title:In the Matter of ANTHONY V. GAZZARA, Respondent, v. JOSEPH A. SURACI…

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

Date published: Aug 18, 1993

Citations

196 A.D.2d 613 (N.Y. App. Div. 1993)
601 N.Y.S.2d 865