From Casetext: Smarter Legal Research

Matter of Menendez v. McNab, Janoski

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 1981
83 A.D.2d 893 (N.Y. App. Div. 1981)

Summary

In Menendez, proceedings to invalidate the petitions designating candidates for the Conservative Party primary election for town offices were dismissed because the petitioners were not members of that political party and thus did not qualify under section 16-102 Elec. of the Election Law as "aggrieved candidates".

Summary of this case from Matter of Stempel v. Albany County Board

Opinion

August 27, 1981


In a proceeding to invalidate petitions designating the respondents-respondents as candidates in the Conservative Party Primary Election to be held on September 10, 1981 for the public offices of Town Supervisor, Councilman et al., for the Town of Riverhead, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated August 20, 1981, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. Petitioners-appellants lack standing to challenge the petitions of the respondent candidates since petitioners are not members of the Conservative Party and therefore do not qualify as "aggrieved candidates" pursuant to section 16-102 Elec. of the Election Law (see Matter of Wydler v. Cristenfeld, 35 N.Y.2d 719). In any event, we have reviewed petitioners' other contentions and find them to be without merit. Mollen, P.J., Hopkins, O'Connor and Weinstein, JJ., concur.


Summaries of

Matter of Menendez v. McNab, Janoski

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 1981
83 A.D.2d 893 (N.Y. App. Div. 1981)

In Menendez, proceedings to invalidate the petitions designating candidates for the Conservative Party primary election for town offices were dismissed because the petitioners were not members of that political party and thus did not qualify under section 16-102 Elec. of the Election Law as "aggrieved candidates".

Summary of this case from Matter of Stempel v. Albany County Board
Case details for

Matter of Menendez v. McNab, Janoski

Case Details

Full title:In the Matter of FRANCIS E. MENENDEZ et al., Appellants, v. EVERETT F…

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

Date published: Aug 27, 1981

Citations

83 A.D.2d 893 (N.Y. App. Div. 1981)

Citing Cases

Porretta v. Costantino

The issue of who will represent that party in the general election is purely an internal party matter, to be…

Matter of Stempel v. Albany County Board of Elections

The order of the Appellate Division should be affirmed, without costs. Petitioners, not being members of the…