New York Court of Appeals, 1977

MATTER OF STRANIERE v. Cutolo

MATTER OF STRANIERE v. Cutolo
New York Court of Appeals · Decided August 31, 1977 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur
42 N.Y.2d 984; 398 N.Y.S.2d 409; 368 N.E.2d 32; 1977 N.Y. LEXIS 2309

MATTER OF STRANIERE v. Cutolo

Opinion

Memorandum. Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division. The failure to join the objector Molinaro is not fatal. His objections were not reviewed by the Board of Elections. Under the circumstances of this case the objector Molinaro is not a necessary party since the aggrieved candidate himself has presented the issues for review (cf. Matter of Butler v Hayduk, 37 NY2d 497).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.