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Matter of Lansner v. Bd. of Elections of the City of New York

New York Court of Appeals
Matter of Lansner v. Bd. of Elections of the City of New York, 72 N.Y.2d 929 (N.Y. 1988)
532 N.Y.S.2d 840; 529 N.E.2d 170; 1988 N.Y. LEXIS 2104
Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa Concur Judge Titone Taking No Part

Matter of Lansner v. Bd. of Elections of the City of New York

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Contrary to respondents’ contention, the proceeding to validate petitioners’ designations as County Committeepersons was not brought by Lansner in a representative capacity. *930 Rather, it was commenced by the candidates in their individual capacities as petitioners. Moreover, the petition was properly verified solely by Lansner since, in this case, the petitioners were "united in interest” (CPLR 3020 [d]; see, Matter of Castillo v Maclara, 63 NY2d 682, 683). Respondents’ remaining arguments are unpreserved or without merit.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur; Judge Titone taking no part.

Order affirmed, without costs, in a memorandum.

Reference

Full Case Name
In the Matter of David Lansner Et Al., Respondents, v. Board of Elections of the City of New York Et Al., Appellants
Cited By
4 cases
Status
Published
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