Parobek v. Mascia
Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered August 8, 2012 in a proceeding pursuant to the Election Law. The order dismissed the petition.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioners commenced this proceeding seeking, inter alia, to invalidate the designating petitions of Joseph A. Mascia (respondent) nominating him as a candidate for the office of New York State Assembly Member, District 149, in the Democratic primary election to be held on September 13, 2012. Petitioners contend that respondent’s designating petitions should be invalidated because he is “simultaneously running” for two offices, only one of which he may hold if elected. We reject that contention.
We note at the outset that petitioners’ contention is based on their erroneous assertion that respondent is “simultaneously running” for two offices. The record establishes that respondent was elected to the position of Tenant Member of the Board of Commissioners of the Buffalo Municipal Housing Authority in an election that took place in June, while the Democratic primary election for the New York State Assembly is, as noted, scheduled for September 13, with the general election to occur in November. We thus conclude that the cases relied upon by petitioners in support of their contention are distinguishable, inasmuch as the challenged candidates therein were seeking two or more offices on the same ballot at the same time (see e.g. Matter of Lutfy v Gangemi, 35 NY2d 179, 181 [1974]; Matter of Burns v Wiltse, 303 NY 319, 322-323 [1951]; Matter of Lawrence v Spelman, 264 AD2d 455, 455-456 [1999], lv denied 93 NY2d 813 [1999]; see also Matter of Phillips v Suffolk County Bd. of Elections, 21 AD3d 509, 510 [2005]).
In light of our determination, we do not address petitioners’ remaining contentions. Present — Scudder, P.J., Peradotto, Lindley and Sconiers, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.