Opinion
September 9, 1992
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner contends that the Board of Elections of the City of New York was the only necessary and proper party to this validation proceeding, necessitating service of process upon that body alone. We disagree. There were two objectors to the designating petition — Wilma Davis and Charles Williams. While the petitioner properly named both objectors as parties to the proceeding, due to his failure to serve the objector Williams according to a directive in the order to show cause, the court lacked personal jurisdiction over a necessary party. Therefore, the proceeding was properly dismissed (see, Matter of Gadsen v Board of Elections, 57 N.Y.2d 751; Matter of Wein v Molinari, 51 N.Y.2d 717; Matter of Moss v D'Apice, 138 A.D.2d 436; Matter of Philpotts v Black, 122 A.D.2d 909; Matter of Brosnan v Black, 104 A.D.2d 469, affd 63 N.Y.2d 692). Mangano, P.J., Thompson, Sullivan, Lawrence and Pizzuto, JJ., concur.