Matter of Master v. Pohanka

• Decision Date: 22 August 2007
• Docket Number: 2007-07543.
• Parties: In the Matter of ROBERT MASTER et al., Appellants, v. CHARLES J. POHANKA III et al., Respondents, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

43 A.D.3d 478

844 N.Y.S.2d 311

2007 NY Slip Op 06487

In the Matter of ROBERT MASTER et al., Appellants, v. CHARLES J. POHANKA III et al., Respondents, et al., Respondents.

2007-07543.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 22, 2007.

In a proceeding pursuant to Election Law § 16-102, inter alia, in effect, to invalidate certain so-called Wilson-Pakula certificates (see Election Law § 6-120 [3]) issued by the Suffolk County Working Families Party Executive Committee authorizing

certain persons who were not enrolled as members of the Working Families Party to appear as candidates on the ballot in a primary election to be held on September 18, 2007 and a general election to be held on November 6, 2007, the petitioners appeal from a final order of the Supreme Court, Suffolk County (Mackenzie, J.), dated August 6, 2007, which granted the motion of Charles J. Pohanka III, Donna Lent, the Suffolk County Working Families Party Executive Committee, the Suffolk County Working Families Party County Committee, Cameron Alden, Edward P. Romaine, Thomas Muratore, Irene L. D'Abramo, Daniel P. Losquadro, Kathleen A. Walsh, Timothy P. Mazzei, Keith Romaine, Martin Haley, Jo-Ann Raia, Clara E. Datre, Virginia E. Allen, John Schettino, Tom R. Finlay, Patrick Skip Heaney, Theresa A. Kiernan, Daniel A. Russo, Frederick Havemeyer, Charles W. Seaman, Jon S. Semlear, Eric L. Schultz, and Edward J. Warner, Jr., to dismiss the proceeding pursuant to CPLR 3211 (a) (8) and (10) and Election Law § 16-102 (2) based on the petitioners' alleged failure to name and join necessary parties, failure to strictly comply with the service provisions of the order to show cause, and failure to timely commence the proceeding, and thereupon dismissed the proceeding.

Ordered that the final order is reversed, on the law, without costs or disbursements, the motion is denied, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings on the petition in accordance herewith.

"A failure to join a necessary party to an election law proceeding requires dismissal of a petition" (Matter of Quis v Putnam County Bd. of Elections, 22 AD3d 585, 586 [2005]). The Supreme Court improperly determined that four individuals, not named or joined in this proceeding, were necessary parties. Under the particular circumstances presented, these individuals were not necessary parties within the...