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Matter of Diaz v. Green

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 2000
275 A.D.2d 425 (N.Y. App. Div. 2000)

Opinion

Argued August 22, 2000

August 24, 2000.

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating Derek A. Green as a candidate in a primary election to be held on September 12, 2000, for the nomination of the Democratic Party as its candidate for the position of Male Member of the Democratic State Committee for the 54th Assembly District and the public office of Member of the New York State Assembly for the 54th Assembly District, Derek A. Green appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated August 8, 2000, which denied his motion to vacate a final order of the same court dated August 1, 2000, invalidating the designating petition upon his failure to appear or answer.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, ANITA R. FLORIO, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the appellant's motion to vacate. The appellant neither provided a reasonable excuse for the default nor demonstrated a meritorious defense to the claims raised by the opposing candidates (see, Krebs v. Cabrera, 250 A.D.2d 736, 737; Fennel v. Mason, 204 A.D.2d 599).


Summaries of

Matter of Diaz v. Green

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 2000
275 A.D.2d 425 (N.Y. App. Div. 2000)
Case details for

Matter of Diaz v. Green

Case Details

Full title:IN THE MATTER OF DARMA DIAZ, OBJECTOR-RESPONDENT, DARRYL C. TOWNS, ET AL.…

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

Date published: Aug 24, 2000

Citations

275 A.D.2d 425 (N.Y. App. Div. 2000)
713 N.Y.S.2d 285

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