Opinion
January 25, 1993
Appeal from the Supreme Court, Westchester County (Carey, J.).
Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the petition is granted, the meeting of the Executive Committee of the Westchester County Committee of the Conservative Party held on March 7, 1991, and the amendments to the rules and regulations of the County Committee adopted thereat, are declared null and void.
We agree with the appellant that review pursuant to CPLR article 78 is available in the instant case (see, Matter of Casey v. Nuttall, 62 Misc.2d 386; Matter of Battipaglia v Executive Comm., 20 Misc.2d 226). The petitioner, with respect to his allegation that the respondent Executive Committee acted beyond the scope of the powers granted to it, was not obliged to exhaust internal remedies (see, Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52; Matter of Caso v. New York State Pub. High School Athletic Assn., 78 A.D.2d 41). The respondent Executive Committee had no power to amend or change the rules and regulations of the County Committee (see, Election Law § 2-114). Since the meeting of the Executive Committee of March 7, 1991, failed to comply with County Committee rules, we conclude that the meeting, as well as the amendments adopted thereat, are null and void. Mangano, P.J., Bracken, Sullivan and O'Brien, JJ., concur.