Sullivan v. Longo

OPINION OF THE COURT

John W. Grow, J.

Petitioner Sullivan, by order to show cause, brings this CPLR article 78 proceeding seeking to declare the nomination of George Mitchell, as the Republican candidate for the Utica Common Council seat for the 3rd Ward, void, and requesting his name be removed from the Republican line of the ballot for election to that office. Sullivan is the duly nominated Democratic candidate for that seat.

Respondents seek dismissal of the proceeding. They contend Sullivan has no standing to bring the proceeding, that Mr. Mitchell properly and timely filed designating…