Opinion
October 29, 1992
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
We agree with the Supreme Court's determination that the proceeding must be dismissed because the petitioners have challenged the propriety of actions taken by the Executive Committee of the Suffolk County Committee of the Conservative Party but have failed to join the Executive Committee as a necessary party (see, CPLR 1001 [a]; Matter of Rizzo v Withers, 158 A.D.2d 497; Matter of Curcio v Wolf, 133 A.D.2d 188; see also, Matter of Marin v Board of Elections, 67 N.Y.2d 634).
In any event, because the petitioners' contentions involve mixed questions of law and fact, their failure to submit a transcript of the hearing leaves this court without a sufficient basis to review the Supreme Court's further determination that their claims were without merit (see, Matter of Guy v James, 122 A.D.2d 905; Matter of Cohen v Birnbaum, 104 A.D.2d 471; Matter of Hutchinson v McNab, 96 A.D.2d 919). Sullivan, J.P., Rosenblatt, Miller and Ritter, JJ., concur.