Sirignano v. Sunderland

• Citation: 196 Misc.2d 831,766 N.Y.S.2d 786
• Parties: In the Matter of GEORGE A. SIRIGNANO, JR., Petitioner,<BR>v.<BR>CAROLEE C. SUNDERLAND et al., as Commissioners of the Board of Elections of the County of Westchester, et al., Respondents.
• Decision Date: 04 August 2003
• Court: United States State Supreme Court (New York)

196 Misc.2d 831
766 N.Y.S.2d 786

In the Matter of GEORGE A. SIRIGNANO, JR., Petitioner,
v.
CAROLEE C. SUNDERLAND et al., as Commissioners of the Board of Elections of the County of Westchester, et al., Respondents.

August 4, 2003.

Bashian, Enea & Sirignano, LLP, White Plains (George A. Sirignano of counsel), for petitioner.

Charlene M. Indelicato, County Attorney, White Plains (Matthew I. Gallagher of counsel), for Carolee C. Sunderland and another, respondent.

DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, LLP, White Plains (Alan D. Scheinkman of counsel), for Kevin J. Quaranta, respondent.

[196 Misc.2d 832]

OPINION OF THE COURT

THOMAS A. DICKERSON, J.

The Bedford Town Justice

The petitioner, George A. Sirignano, is a Town Justice in the Town of Bedford and is seeking reelection in this year's general election to be held on November 4, 2003. The Independence Party designated the petitioner as its candidate for the office of Bedford Town Justice and filed nominating petitions on his behalf with the respondent, the Westchester County Board of Elections (the Board). The respondent, Kevin J. Quaranta (respondent candidate), would also like to be a Bedford Town Justice and in that regard Independence Party nominating petitions were circulated on his behalf and were filed with the Board on July 8, 2003.

The Objections and the Board's Decision

The petitioner timely filed general and specific objections with the Board challenging the respondent candidate's Independence Party petitions as being insufficient, ineffective, false, fraudulent, invalid and null and void. On July 23, 2003 the Board ruled on the petitioner's objections finding 10 of the 27 filed signatures invalid but otherwise finding the respondent candidate's Independence Party nominating petitions valid.

"The petition, as filed, contained twenty-seven (27) signatures. The Board sustained ten (10) objections. Since thirteen (13) signatures were necessary and the petition contains seventeen (17) valid signatures, the petition remains valid and the name of Kevin J. Quaranta will appear on the September 9, 2003 ballot for the Independence Party for the office of Town Justice, Town of Bedford."

The Petition Seeking Judicial Review

On July 25, 2003 the petitioner filed a petition, brought on by order to show cause, seeking judicial review of the Board's July 23, 2003 decision validating the respondent candidate's Independence Party nominating petitions. At a conference held before this court on July 30, 2003 the parties were directed to address the threshold jurisdictional issue of the timeliness of the filing of the petition at a subsequent hearing. On August 1, 2003 the parties appeared at a hearing and after extensive argument this court dismissed the petition for the following reasons.

[196 Misc.2d 833]

Election...