Conti v. Clyne

• Decision Date: 21 August 2014
• Citation: 2014 N.Y. Slip Op. 05929,991 N.Y.S.2d 663,120 A.D.3d 884
• Parties: In the Matter of Richard S. CONTI et al., Respondents, v. Matthew J. CLYNE et al., as Commissioners Constituting the Albany County Board of Elections, et al., Appellants. (Proceeding No. 1.) In the Matter of William F. Faragon et al., Respondents, v. Matthew J. Clyne et al., as Commissioners Constituting the Albany County Board of Elections, et al., Appellants. (Proceeding No. 2.) In the Matter of William F. Faragon et al., Respondents, v. Matthew J. Clyne et al., as Commissioners Constituting the Albany County Board of Elections, et al., Appellants. (Proceeding No. 3.).
• Court: New York Supreme Court — Appellate Division

120 A.D.3d 884
991 N.Y.S.2d 663
2014 N.Y. Slip Op. 05929

In the Matter of Richard S. CONTI et al., Respondents,
v.
Matthew J. CLYNE et al., as Commissioners Constituting the Albany County Board of Elections, et al., Appellants. (Proceeding No. 1.)
In the Matter of William F. Faragon et al., Respondents,
v.
Matthew J. Clyne et al., as Commissioners Constituting the Albany County Board of Elections, et al., Appellants. (Proceeding No. 2.)
In the Matter of William F. Faragon et al., Respondents,
v.
Matthew J. Clyne et al., as Commissioners Constituting the Albany County Board of Elections, et al., Appellants. (Proceeding No. 3.).

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

Aug. 21, 2014.

[991 N.Y.S.2d 664]

Matthew J. Clyne, Albany County Board of Elections, Albany, for Matthew Clyne and another, appellants.

Murphy, Burns, Barber & Murphy, Albany (Peter G. Barber of counsel), for John H. Cunningham and another, appellants.

Kenneth J. Dow, Chatham, for Richard S. Conti and others, respondents.

Before: McCARTHY, J.P., GARRY, EGAN JR. and CLARK, JJ.

PER CURIAM.

Appeals from a judgment of the Supreme Court (McNamara, J.), entered August 8, 2014 in Albany County, which, among other things, granted petitioners' applications, in three proceedings pursuant to Election Law § 16–102, to annul determinations of the Albany County Board of Elections invalidating the designating petitions naming petitioners as candidates for the party positions of delegate and alternate delegate to the Democratic Party Judicial Nominating Convention, Third Judicial District, from the 109th and 110th Assembly Districts in the September 9, 2014 primary election.

These proceedings arise out of designating petitions filed by candidates for the party positions of delegate and alternate delegate to the Democratic Party Judicial Nominating Convention for the Third Judicial District. Petitioners in proceeding No. 1 are candidates in the 109th Assembly District, while petitioners in proceedings Nos. 2 and 3 are candidates in the 110th Assembly District ( seeElection Law § 6–124).¹ Objectors allege that, in the event that petitioners succeed in their primary candidacies, petitioners would then seek to nominate Margaret Walsh, currently an Albany County Family Court

[991 N.Y.S.2d 665]

Judge, at the subsequent Democratic Party Judicial Nominating Convention as the Democratic Party candidate for the public office of Justice of the Supreme Court for the Third Judicial District ( seeElection Law § 6–106). Walsh is already running for reelection as Albany County Family Court Judge on the Democratic Party line. Objections were filed to the designating petitions in both Assembly Districts, alleging that they were invalid because Walsh could not simultaneously run for both offices ( see Matter of Lutfy v. Gangemi, 35 N.Y.2d 179, 181, 359 N.Y.S.2d 273, 316 N.E.2d 710 [1974]; Matter of Burns v. Wiltse, 303 N.Y. 319, 323–326, 102 N.E.2d 569 [1951]; see alsoCounty Law § 411). The Albany County Board of Elections agreed with said objections and invalidated the petitions.

Petitioners commenced the present proceedings to annul the Board's determinations. Respondents answered and argued that, among other things, the petitions were jurisdictionally defective because petitioners had failed to file them with the Albany County Clerk and that personal jurisdiction had not been obtained over respondent John H. Cunningham in proceeding No. 1. The objectors, namely, Cunningham in proceeding No. 1 and respondent Richard P. Jacobson in proceeding Nos. 2 and 3, also cross-petitioned for...