Greenspan v. O'Rourke
| Decision Date | 12 November 1970 |
| Citation | 265 N.E.2d 462,316 N.Y.S.2d 639,27 N.Y.2d 846 |
| Parties | , 265 N.E.2d 462 In the Matter of Morton GREENSPAN et al., Appellants, v. Maurice J. O'ROURKE et al., Constituting the Board of Elections of the City of New York, et al., and J. Stanley Shaw et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Rose L. Rubin and Herbert Rubin, New York City, for appellants.
Robert E. Goldman, New York City, for respondents.
The order of the Appellate Division should be affirmed, without costs. The failure of the petitioners to join parties necessary to the proceeding, to wit: three of the vice-chairmen elected at the July 13 organizational meeting, mandates a dismissal of the petition. Inasmuch as the rights of the respondents, who were challenged, are inextricably interwoven with the rights of the three successful candidates not joined, we cannot reach the issues presented. (See Matter of Ullman v. Power, 17 A.D.2d 792, 232 N.Y.S.2d 711, affd. 12 N.Y.2d 724, 233 N.Y.S.2d 774, 186 N.E.2d 129; Matter of Schwimmer v. Power, 21 A.D.2d 835, 251 N.Y.S.2d 783; First Nat. Bank of Amsterdam v. Shuler, 153 N.Y. 163, 170, 47 N.E. 262, 264.)
Order affirmed, without costs, in a memorandum.
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