Mackay v. Cochran

• Decision Date: 10 September 1999
• Parties: In the Matter of Frank MacKAY, et al., respondents-appellants, v. Jean W. COCHRAN, et al., appellants-respondents, Barbara Barci, et al., respondents.
• Court: New York Supreme Court — Appellate Division

Page 113

695 N.Y.S.2d 113

In the Matter of Frank MacKAY, et al., respondents-appellants, v. Jean W. COCHRAN, et al., appellants-respondents, Barbara Barci, et al., respondents.

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

Sept. 10, 1999.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM D. FRIEDMANN and GLORIA GOLDSTEIN, JJ.

MEMORANDUM BY THE COURT.

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate certain designating petitions, the appeal, as limited by the brief of the appellants-respondents, is from so much of a final order of the Supreme Court, Suffolk County (D'Emilio, J.), dated September 3, 1999, as invalidated a petition designating Arnold B. Firestone and Valerie Hudgins as candidates at a primary election to be held on September 14, 1999, for the Independence Party positions of delegates to the Tenth Judicial District Convention, Eighth Assembly District, and Amy J. Krinner and Robert DiGregorio as alternate delegates to that convention, and the cross appeal, as limited by the brief of the respondents-appellants, is from so much of the final order as denied that branch of the petition which was to invalidate a petition designating Theresa Morris and Richard Morris as candidates at said primary election for the Independence Party positions of delegates, and Richard Harms and Susan Harms as alternates, to the Tenth Judicial District Convention, Tenth Assembly District, and denied that branch of the petition which was to invalidate a petition designating Arnold Firestone as a candidate at said primary election for the nomination of the Independence Party as its candidate for the public office of County Legislator for the Tenth Legislative District.

ORDERED that the final order is modified by (1) deleting the provision thereof which denied that branch of the petition which was to invalidate the petition designating Theresa Morris and Richard Morris as candidates for the party positions of delegates, and Richard Harms and Susan Harms as alternates, to the Tenth Judicial District Convention, Tenth Assembly District, and substituting therefor a provision granting that branch of the petition, and (2) deleting therefrom the provision granting that branch of the petition which was to invalidate the petition designating Arnold B. Firestone and Valerie Hudgins as candidates for the party positions of delegates, and Amy J. Krinner and Robert DiGregorio as alternates, to the Tenth Judicial District...