In the Matter of Cass v. Krakower, 179

• Decision Date: 26 August 2009
• Docket Number: No. 179,179
• Citation: 13 N.Y.3d 118,914 N.E.2d 140
• Parties: In the Matter of A. William CASS, Appellant, v. Stephan L. KRAKOWER, Respondent, et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

914 N.E.2d 140

13 N.Y.3d 118

In the Matter of A. William CASS, Appellant, v. Stephan L. KRAKOWER, Respondent, et al., Respondents.

No. 179

Court of Appeals of New York.

August 26, 2009.

David Sears, Albany, for appellant.

John Ciampoli, Poughkeepsie, for respondent.

PER CURIAM:

Election Law §§ 6-164 and 6-166 collectively require that an Opportunity to Ballot petition shall set forth the names of persons constituting a "committee to receive notices" and that "[a]ll required notices shall be served on the members of the committee named in the petition." Here, petitioner, the aggrieved candidate, failed to serve or provide any notice of the present proceeding to the Committee to Receive Notices. Thus, the Appellate Division properly reversed Supreme Court's denial of respondent's motion to dismiss.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

Order affirmed.