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Matter of Rizzo v. Withers

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1990
158 A.D.2d 497 (N.Y. App. Div. 1990)

Opinion

February 9, 1990

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


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

We agree with the Supreme Court's determination that the proceeding must be dismissed because the petitioner challenges the authority and jurisdiction of the Executive Committee of the Suffolk County Committee of the Conservative Party but has failed to join the Executive Committee as a necessary party (see, CPLR 1001 [a]; Matter of Curcio v Wolf, 133 A.D.2d 188; Matter of Oberle v Caracappa, 133 A.D.2d 241).

In any event, were we to reach the substantive issues in this case, we would conclude that there is no merit to the petitioner's contentions. Lawrence, J.P., Rubin, Sullivan and Balletta, JJ., concur.


Summaries of

Matter of Rizzo v. Withers

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1990
158 A.D.2d 497 (N.Y. App. Div. 1990)
Case details for

Matter of Rizzo v. Withers

Case Details

Full title:In the Matter of CAROL M. RIZZO, Appellant, v. HAROLD WITHERS et al.…

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

Date published: Feb 9, 1990

Citations

158 A.D.2d 497 (N.Y. App. Div. 1990)
551 N.Y.S.2d 71

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