Cassar v. Larsen

• Decision Date: 15 August 2013
• Parties: In the Matter of Lori CASSAR, et al., petitioners-respondents, v. Craig A. LARSEN, et al., appellants, et al., respondent-respondent.
• Court: New York Supreme Court — Appellate Division

109 A.D.3d 560

970 N.Y.S.2d 472

2013 N.Y. Slip Op. 05655

In the Matter of Lori CASSAR, et al., petitioners-respondents,

v.Craig A. LARSEN, et al., appellants, et al., respondent-respondent.

Supreme Court, Appellate Division, Second Department, New York.

Aug. 15, 2013.

In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate a petition for an opportunity to ballot by providing for a write-in candidate pursuant to Election Law § 6–164 in a primary election to be held on September 10, 2013, for the nomination of the Working Families Party as its candidate for the public office of Suffolk County Legislator, 6th LegislativeDistrict, Craig A. Larsen, Anita Katz, and Wayne Rogers appeal from a final order of the Supreme Court, Suffolk County (LaSalle, J.), dated August 8, 2013, which, after a hearing, granted the petition to invalidate the petition for an opportunity to ballot.

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

Election Law §§ 6–132, 6–164, and 6–166 collectively require that a petition for an opportunity to ballot shall include the names and addresses of at least three persons appointed as a committee to receive notices ( see Matter of Cass v. Krakower, 13 N.Y.3d 118, 885 N.Y.S.2d 448, 914 N.E.2d 140;Matter of Pagones v. Irizarry, 87 A.D.3d 648, 928 N.Y.S.2d 467). This committee is an “essential element” of an opportunity to ballot and, under the circumstances herein, the failure to designate such a committee is a “fatal defect” (Matter of Werner v. Castiglione, 286 A.D.2d 553, 554, 729 N.Y.S.2d 227;see Matter of Pagones v. Irizarry, 87 A.D.3d at 649, 928 N.Y.S.2d 467;Matter of Lent v. Katz, 307 A.D.2d 1009, 763 N.Y.S.2d 507;Matter of Ferlicca v. Starkweather, 219 A.D.2d 795, 632 N.Y.S.2d 1;see also Matter of Markel v. Smolinski, 89 A.D.2d 1052, 454 N.Y.S.2d 565).

Accordingly, the Supreme Court properly granted the petition to invalidate the petition for an opportunity to ballot.

DICKERSON, J.P., LEVENTHAL, COHEN and HINDS–RADIX, JJ., concur.