Opinion
08-17-2016
In the Matter of the Application of Brent P. SHELDON, Objector, Petitioner–Respondent, v. Sally A. JAROSZYNSKI, Purported Candidate for Chautauqua County Family Court Judge, Respondent, Norman P. Green, Commissioner, Chautauqua County Board of Elections, Respondent–Appellant, and Brian C. Abram, Commissioner, Chautauqua County Board of Elections, Respondent–Respondent.
Michael Robert Cerrie, Dunkirk, for Respondent–Appellant. Sean W. Connolly, Fredonia, for Petitioner–Respondent. Erickson Webb Scolton & Hajdu, Lakewood (Paul V. Webb, Jr., of Counsel), for Respondent–Respondent. Sally A. Jaroszynski, Falconer, Respondent Pro Se.
Appeal from an order of the Supreme Court, Chautauqua County (Paul B. Wojtaszek, J.), entered August 12, 2016 in a proceeding pursuant to the Election Law. The order, insofar as appealed from, invalidated signatures on the designating petition of respondent Sally A. Jaroszynski. Michael Robert Cerrie, Dunkirk, for Respondent–Appellant.
Sean W. Connolly, Fredonia, for Petitioner–Respondent.
Erickson Webb Scolton & Hajdu, Lakewood (Paul V. Webb, Jr., of Counsel), for Respondent–Respondent.
Sally A. Jaroszynski, Falconer, Respondent Pro Se.
MEMORANDUM: Respondent Norman P. Green, Commissioner of the Chautauqua County Board of Elections, appeals from an order that, inter alia, invalidated the designating petition of respondent Sally A. Jaroszynski by which Jaroszynski sought to be designated as a Conservative Party candidate for the office of Chautauqua County Family Court Judge in the September 13, 2016 primary election. We agree with petitioner that Green is not aggrieved by the order, and we therefore conclude that this appeal must be dismissed (see Matter of Terranova v. Fudoli, 66 A.D.3d 1530, 1531, 888 N.Y.S.2d 685 ; Matter of Carney v. Davignon, 289 A.D.2d 1096, 1097, 735 N.Y.S.2d 263 ; Matter of Mantello v. Board of Elections of Rensselaer County, 265 A.D.2d 592, 593, 696 N.Y.S.2d 251 ; Matter of Brown v. Starkweather, 197 A.D.2d 840, 841, 602 N.Y.S.2d 449, lv. denied 82 N.Y.2d 653, 602 N.Y.S.2d 802, 622 N.E.2d 303 ). We further note that Jaroszynski did not take an appeal from the order (see CPLR 5515[1] ). Therefore, any contentions raised by her are beyond our review (see Hecht v. City of New York, 60 N.Y.2d 57, 61, 467 N.Y.S.2d 187, 454 N.E.2d 527 ; see also
Matter of Carroll v. Chugg, 141 A.D.3d 1106, 34 N.Y.S.3d 848 ; see generally Matter of Espinoza v. Berbary, 288 A.D.2d 934, 934, 732 N.Y.S.2d 199 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
CARNI, J.P., LINDLEY, NEMOYER, CURRAN, and SCUDDER, JJ., concur.