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In the Matter of Penny Mintz,, Appellant,v.The Board of Elections in the City of New York, Respondent, Rachel Lavine, Intervenor-Respondent.

Brief

27 Cited authorities

  1. Matter of Hutson v. Bass

    54 N.Y.2d 772 (N.Y. 1981)   Cited 98 times
    Finding that "the undisputed fact that the cover sheets for the designating petitions of candidates for election as judicial delegates were not filed within the time prescribed by the statute, although late by only 15 minutes, was a fatal defect"

  2. Luthmann v. Gulino (In re Luthmann)

    131 A.D.3d 636 (N.Y. App. Div. 2015)   Cited 15 times

    2015-07434 08-19-2015 In the Matter of Richard A. Luthmann, etc., petitioner- appellant, v. John P. Gulino, et al., respondents-respondents. MARK C. DILLON, J.P. THOMAS A. DICKERSON JEFFREY A. COHEN COLLEEN D. DUFFY, JJ. (Index No. 8946/15) DECISION & ORDER In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating John P. Gulino as a candidate in a primary election to be held on September 10, 2015, for the party position of Member of the Democratic County

  3. Messina v. Albany County Board of Elec

    66 A.D.3d 1111 (N.Y. App. Div. 2009)   Cited 16 times

    No. 508001. October 21, 2009. Appeal from a judgment of the Supreme Court (O'Connor, J.), entered October 8, 2009 in Albany County, which, among other things, granted petitioner's application, in a proceeding pursuant to Election Law §§ 16-102, 16-106 and 16-112, to declare invalid certain absentee ballots cast in the Working Families Party primary election for the office of Supervisor in the Town of Bethlehem, Albany County, held on September 15, 2009. O'Connor, O'Connor, Bresee First, P.C., Albany

  4. Harder v. Kuhn

    153 A.D.3d 1119 (N.Y. App. Div. 2017)   Cited 7 times

    525336. 08-24-2017 In the Matter of George T. HARDER et al., Respondents, v. Jeffrey D. KUHN et al., Constituting the Committee to Fill Vacancies for the Democratic Party for the Public Offices of Member of the Bethlehem Town Council and Town of Bethlehem Superintendent of Highways, et al., Appellants, and Matthew J. Clyne et al., as Commissioners of the Albany County Board of Elections, Respondents. Law Office of James E. Long, Albany (James E. Long of counsel), for appellants. Roemer Wallens Gold

  5. Niebauer v. Board of Elections

    76 A.D.3d 660 (N.Y. App. Div. 2010)   Cited 13 times

    No. 2010-07884. August 18, 2010. In a proceeding pursuant to Election Law § 16-102, inter alia, to validate petitions (a) designating Michael N. Niebauer and Pamela J. Rinando as candidates in a primary election to be held on September 14, 2010, for the Independence Party positions of Male Member and Female Member, respectively, of the Independence Party State Committee from the 27th Assembly District, and Delegates to the Eleventh Judicial District Convention from the 27th Assembly District, (b)

  6. Nagubandi v. Polentz

    131 A.D.3d 639 (N.Y. App. Div. 2015)   Cited 5 times

    2015-08-19 In the Matter of Radhika NAGUBANDI, petitioner-appellant, v. Mary Ellen POLENTZ, et al., respondents-respondents, et al., respondent. (Proceeding No. 1). In the Matter of Mary Ellen Polentz, et al., petitioner-respondents, v. Rachel Tanguay–McGuane, et al., respondent-respondent. (Proceeding No. 2). WILLIAM F. MASTRO , J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, and BETSY BARROS, JJ. In a proceeding pursuant to Election Law § 16–102, inter alia, to validate a petition designating Radhika

  7. Pidot v. Macedo

    141 A.D.3d 680 (N.Y. App. Div. 2016)   Cited 4 times

    07-21-2016 In the Matter of Philip M. PIDOT, appellant-respondent, v. Dominic J. MACEDO, et al., respondents-appellants, New York State Board of Elections, respondent. (Proceeding No. 1). In the Matter of Dominic Macedo, et al., respondents-appellants, v. Philip M. Pidot, appellant-respondent, Gregory Peterson, et al., respondents. (Proceeding No. 2). In a proceeding pursuant to Election Law § 16–102, inter alia, to validate a petition designating Philip M. Pidot as a candidate in a primary election

  8. Matter of Dunlea v. State Board of Elections

    275 A.D.2d 589 (N.Y. App. Div. 2000)   Cited 16 times

    August 25, 2000. Appeal from an order of the Supreme Court (McNamara, J.), entered August 14, 2000 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to Election Law § 16-102, to declare valid the designating petition naming petitioner Mark A. Dunlea as the Independence Party candidate for the office of Member of Assembly from the 108th Assembly District in the September 12, 2000 primary election. Mark A. Dunlea, Poestenkill, appellant in person and for another.

  9. Ighile v. Board of Elec

    66 A.D.3d 899 (N.Y. App. Div. 2009)   Cited 5 times

    No. 2009-09408. October 20, 2009. In a proceeding pursuant to Election Law § 16-102, inter alia, to validate an independent nominating petition nominating Osaretin Ighile as a candidate in a general election to be held on November 3, 2009, for the public office of Member of the New York City Council, 35th Council District, the petitioner appeals from a final order of the Supreme Court, Kings County (Schmidt, J.), dated September 23, 2009, which, in effect, denied the petition, inter alia, to validate

  10. Matter of Harden v. Board of Elections

    74 N.Y.2d 796 (N.Y. 1989)   Cited 25 times
    Finding that petitioner's request to run as a write-in candidate in a primary would not be allowed where there were defects in petitioner's designating petition which "call[ed] into serious question the existence of adequate support among eligible voters."

  11. Section 1001 - Necessary joinder of parties

    N.Y. CPLR 1001   Cited 1,582 times
    Stating that "[p]ersons who ought to be parties if complete relief is to be accorded between the persons who are parties to the action or who might be inequitably affected by a judgment in the action shall be made plaintiffs or defendants"

  12. Section 1012 - Intervention as of right; notice to attorney-general, city, county, town or village where constitutionality in issue

    N.Y. CPLR 1012   Cited 948 times

    (a) Intervention as of right. Upon timely motion, any person shall be permitted to intervene in any action: 1. when a statute of the state confers an absolute right to intervene; or 2. when the representation of the person's interest by the parties is or may be inadequate and the person is or may be bound by the judgment; or 3. when the action involves the disposition or distribution of, or the title or a claim for damages for injury to, property and the person may be affected adversely by the judgment

  13. Section 71 - Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adopted pursuant thereto

    N.Y. Exec. Law § 71   Cited 430 times

    1. Whenever the constitutionality of a statute, or a rule or regulation adopted pursuant thereto is brought into question upon the trial, hearing or appeal of any action or proceeding, civil or criminal, in any court of record of original or appellate jurisdiction, and proof of the notice of such constitutional challenge, as required by paragraph one of subdivision (b) of section one thousand twelve of the civil practice law and rules, has not been filed, the court or justice before whom such action

  14. Section 6215.7 - Determinations; cures pursuant to section 6-134(2) of the Election Law

    N.Y. Comp. Codes R. & Regs. tit. 9 § 6215.7   Cited 19 times

    (a) Within two business days of the receipt of the petition, the board with whom such petition was filed shall review the petition to determine whether the petition complies with the cover sheet and binding requirements of these regulations. Such review shall be limited to matters apparent on the face of the documents. Such review, and such determination, shall be without prejudice to the determination by the board of objections and specifications of objections filed pursuant to the provisions of

  15. Section 6215.6 - Construction of rules; substantial compliance

    N.Y. Comp. Codes R. & Regs. tit. 9 § 6215.6   Cited 18 times

    (a) Except as specifically set forth herein, these rules shall be liberally construed and technical defects shall be disregarded where there has been substantial compliance and where a strict construction is not required for the prevention of fraud. (b) The failure to obtain an identification number or inscribe an identification number on one or more petitions or petition volumes shall not render any such petition or petition volume invalid. The officer or board receiving such petition or petition

  16. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply