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Matter of Philpotts v. Black

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 909 (N.Y. App. Div. 1986)

Opinion

August 20, 1986

Appeal from the Supreme Court, Kings County (Slavin, J.).


Judgment affirmed, without costs or disbursements.

The Supreme Court, Kings County, dismissed the instant proceeding on the grounds that the petitioner failed to properly serve the named respondents and did not name and serve all of the objectors who filed specifications of objections with the Board of Elections. The court's findings as to the service of the petition are supported by the record. Moreover, as the petitioner failed to name and serve all of those who filed objections to the designating petition, the instant proceeding was jurisdictionally defective (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 Cappellazzi v Toto, 41 N.Y.2d 1050; Matter of Crafts v McNab, 96 A.D.2d 915, lv denied 60 N.Y.2d 552; Matter of Macri v D'Apice, 122 A.D.2d 905; Matter of Malave-Dilan v Pair, 122 A.D.2d 906). Bracken, J.P., Niehoff, Eiber and Spatt, JJ., concur.


Summaries of

Matter of Philpotts v. Black

Appellate Division of the Supreme Court of New York, Second Department
Aug 20, 1986
122 A.D.2d 909 (N.Y. App. Div. 1986)
Case details for

Matter of Philpotts v. Black

Case Details

Full title:In the Matter of GUILLERMO E. PHILPOTTS, Appellant, v. ROBERT S. BLACK et…

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

Date published: Aug 20, 1986

Citations

122 A.D.2d 909 (N.Y. App. Div. 1986)

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