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In the Matter of Maher v. Brd., Elec. Nassau

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 2002
297 A.D.2d 396 (N.Y. App. Div. 2002)

Opinion

2002-07741

Argued August 27, 2002.

August 28, 2002.

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating Norman St. George as a candidate in a primary election to be held on September 10, 2002, for the nomination of the Democratic Party as its candidate for the public office of State Senator for the 6th Senate District, the petitioner appeals from a final order of the Supreme Court, Nassau County (Roberto, J.), dated August 16, 2002, which, inter alia, denied the petition and dismissed the proceeding.

Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.


ORDERED that the final order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.

It is undisputed that the petitioner is a candidate in the primary election for the nomination of the Liberal Party as its candidate for the office in question. Under such circumstances, she has standing as an aggrieved candidate to maintain this proceeding (see Matter of Liepshutz v. Palmateer, 112 A.D.2d 1098, affd 65 N.Y.2d 963; Matter of Martin v. Tutunjian, 89 A.D.2d 1034).

SMITH, J.P., GOLDSTEIN, FRIEDMANN, MASTRO and RIVERA, JJ., concur.


Summaries of

In the Matter of Maher v. Brd., Elec. Nassau

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 2002
297 A.D.2d 396 (N.Y. App. Div. 2002)
Case details for

In the Matter of Maher v. Brd., Elec. Nassau

Case Details

Full title:IN THE MATTER OF PATRICIA M. MAHER, appellant, v. BOARD OF ELECTIONS OF…

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

Date published: Aug 28, 2002

Citations

297 A.D.2d 396 (N.Y. App. Div. 2002)
746 N.Y.S.2d 618

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