Fehrman v. New York State Board of Elections

Mercure, J. (dissenting).

On constraint of this Court’s decision in Matter of DiCaprio v Kosiur (42 AD3d 867 [2007]), we respectfully dissent. In our view, respondent New York State Committee of the Independence Party of New York (hereinafter the State Committee) cannot be faulted for relying on DiCaprio—as written—to conclude that the first exception in article VI (§ 2) of the Rules of the New York State Committee of the Independence Party applies here. In DiCaprio, this Court concluded that the first exception applies any time a public office “falls within” a county that has an Independence…