Swarts v. Mahoney

• Decision Date: 21 August 1986
• Citation: 123 A.D.2d 520,507 N.Y.S.2d 90
• Parties: In the Matter of the Application of David J. SWARTS, Appellant-Respondent, v. Edward J. MAHONEY and Philip D. Smolinski, Constituting the Erie County Board of Elections; The Executive Committee of Erie County Conservative Committee; and Fred F. Vidal, Robert Simmons and James J. McGrath, constituting the Committee to Fill Vacancies of a certain petition filed with the Erie County Board of Elections, Respondents and Mary Lou Rath, Respondent-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 90

507 N.Y.S.2d 90

123 A.D.2d 520

In the Matter of the Application of David J. SWARTS,

Appellant-Respondent, v. Edward J. MAHONEY and Philip D. Smolinski, Constituting the

Erie County Board of Elections; The Executive Committee of

Erie County Conservative Committee; and Fred F. Vidal,

Robert Simmons and James J. McGrath, constituting the

Committee to Fill Vacancies of a certain petition filed with

the Erie County Board of Elections, Respondents

and

Mary Lou Rath, Respondent-Appellant.

Supreme Court, Appellate Division,

Fourth Department.

Aug. 21, 1986.

Before CALLAHAN, J.P., and GREEN, PINE, BALIO and LAWTON, JJ.

MEMORANDUM:

Special Term properly concluded that petitioner had no standing as an aggrieved candidate. The challenge herein was based upon alleged infirmities relating to the internal affairs of a political party, rather than a failure to comply with the legislative mandates of the Election Law (see, Matter of Liepshutz v. Palmateer, 112 A.D.2d 1098, 493 N.Y.S.2d 233, aff'd. 65 N.Y.2d 963, 494 N.Y.S.2d 108, 484 N.E.2d 137). We have considered the other issue raised and find it to be without merit.

Order unanimously affirmed without costs.