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Matter of Carnese v. Ferraro

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1995
218 A.D.2d 770 (N.Y. App. Div. 1995)

Opinion

August 23, 1995

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


Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the proceeding is dismissed, and the Board of Elections is directed to place the name of Arnaldo A. Ferraro on the appropriate ballot.

The petitioners were required to file an order to show cause and a petition with the Clerk of the Court to commence this proceeding, and their failure to do so renders this proceeding jurisdictionally defective (see, CPLR 304; Matter of Zicari v Stewart, 207 A.D.2d 951; Matter of Isabella v. Hotaling, 207 A.D.2d 648).

In light of our determination, we need not reach the parties' remaining contentions. Bracken, J.P., O'Brien, Santucci, Joy and Friedmann, JJ., concur.


Summaries of

Matter of Carnese v. Ferraro

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1995
218 A.D.2d 770 (N.Y. App. Div. 1995)
Case details for

Matter of Carnese v. Ferraro

Case Details

Full title:In the Matter of ROSALIE CARNESE et al., Respondents, v. ARNALDO A…

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

Date published: Aug 23, 1995

Citations

218 A.D.2d 770 (N.Y. App. Div. 1995)
630 N.Y.S.2d 584

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