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Vaughn v. Withers

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1989
153 A.D.2d 712 (N.Y. App. Div. 1989)

Opinion

August 23, 1989

Appeal from the Supreme Court, Suffolk County (McCarthy, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

This proceeding was properly dismissed due to the petitioners' failure to join, as a necessary party, one of the two Commissioners constituting the Suffolk County Board of Elections or the Suffolk County Board of Elections itself (see, Gagliardo v. Colascione, 153 A.D.2d 710 [decided herewith]; CPLR 1001 [a]; Matter of Oberle v. Caracappa, 133 A.D.2d 241; Matter of Curcio v Wolf, 133 A.D.2d 188).

In light of this determination, we need not reach the remaining issues raised. Lawrence, J.P., Rubin, Kooper, Sullivan and Rosenblatt, JJ., concur.


Summaries of

Vaughn v. Withers

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1989
153 A.D.2d 712 (N.Y. App. Div. 1989)
Case details for

Vaughn v. Withers

Case Details

Full title:HELENE A. VAUGHN, Appellant, v. HAROLD J. WITHERS, JR., as Commissioner of…

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

Date published: Aug 23, 1989

Citations

153 A.D.2d 712 (N.Y. App. Div. 1989)

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