Opinion
April 26, 1991
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Callahan, J.P., Doerr, Boomer, Lawton and Davis, JJ. (Order entered Mar. 27, 1991.)
Order unanimously affirmed without costs. Memorandum: Respondents appeal from an order of the Supreme Court of Erie County which, following a hearing, declared null and void the results of an organizational meeting of the Erie County Conservative Party on October 1, 1990, and directed a new organizational meeting be held in an expeditious fashion.
Respondents' contention that the failure to join the Erie County Conservative Party as a necessary party requires dismissal of the petition is without merit (see, Matter of Michaels v. New York State Bd. of Elections, 154 A.D.2d 873). All necessary parties were joined, including those persons claiming to have been elected to Party leadership positions (CPLR 1001 [a]; compare, Matter of Rizzo v. Withers, 158 A.D.2d 497). Moreover, the Erie County Conservative Party has been deemed "functus officio" until an organizational meeting could be held to elect new officers (Matter of Mazur v. Kelly, 170 A.D.2d 1037).
Respondents' argument that the petition was insufficiently pleaded is similarly without merit. The petition alleged facts sufficient to establish a right to the particular relief sought (see, Matter of Reich v. Power, 30 A.D.2d 925, affd sub nom. Matter of Reich v. Lisa, 22 N.Y.2d 887; compare, Matter of Mencher, 245 App. Div. 381). Respondents received adequate notice of the allegations and objections against them.