Appellate Division of the Supreme Court of New York, 1991

Wilson v. Bush

Wilson v. Bush
Appellate Division of the Supreme Court of New York · Decided August 27, 1991
175 A.D.2d 934; 573 N.Y.S.2d 632; 1991 N.Y. App. Div. LEXIS 11322
Wilson v. Bush

Opinion of the Court

โ€” In a proceeding to invalidate a petition designating Sharon N. Bush as a candidate in the Democratic Party primary election to be held on September 12, 1991, for the nomination of that party as its *935candidate for the public office of Member of New York City Council for the 28th Councilmanic District, the appeal is from a judgment of the Supreme Court, Queens County (Graci, J.), dated August 21, 1991, which, after a hearing, dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court that service was not made in accordance with the order to show cause. Accordingly, the proceeding was properly dismissed for lack of personal jurisdiction (see, Election Law ยง 16-116; Matter of Fratello v Kruger, 64 AD2d 937; Matter of Bruno v Ackerson, 51 AD2d 1051, affd 39 NY2d 718; compare, Matter of Velez v Smith, 149 AD2d 753, 754, with Matter of Reilly v Scaringe, 133 AD2d 900). Mangano, P. J., Kooper, Sullivan, Lawrence and Rosenblatt, JJ., concur.

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