Matter of Curcio v. Wolf

Full title: In the Matter of PASQUALE J. CURCIO, Appellant, v. GEORGE WOLF et al.…

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

Date published: Aug 19, 1987

133 A.D.2d 188 (N.Y. App. Div. 1987)

Opinion

August 19, 1987

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

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

In these proceedings the petitioner challenges the validity of certificates of authorization permitting candidates to be designated for nomination on the Conservative Party line. In both cases, he contends, on different grounds, that the committees issuing the certificates of authorization lacked the authority to do so.

Specifically, in proceeding No. 1, the petitioner alleges that the certificates of authorization issued by the Suffolk County Conservative Party Executive Committee were fatally defective because the requisite quorum was not present at the time a vote was taken on the proposed nominations. Although the certificates of authorization were acknowledged by the person who presided over the meeting and purported to act as chairperson of the Executive Committee, that person was not joined as a party to the proceeding.

In proceeding No. 2, the petitioner challenges the credentials of the Town of Riverhead Conservative Party Executive Committee that issued the subject certificates of authorization, but did not join that committee as a party.

Under the circumstances presented in each case, we agree with the court's determination that the petitions must be dismissed for failure to join parties necessary to the proceedings (see, CPLR 1001 [a]; Matter of Sahler v. Callahan, 92 A.D.2d 976, 977). Mollen, P.J., Mangano, Thompson, Lawrence and Sullivan, JJ., concur.