Legal Opinion

Goodman v. Nassau County Board of Elections

Appellate Division of the Supreme Court of the State of New York

Decided August 17, 2011PublishedCited by 3 opinions

1Opinion of the Court

Petitioners raising a challenge under Election Law § 16-102 must complete service on all necessary parties (see Matter of McDonough v Scannapieco, 65 AD3d 647, 648 [2009]). Failure to serve a party mentioned in an order to show cause requires dismissal, even as to those parties who were properly served, if the party not served is a necessary party to the proceeding (see Matter of Wohl v Miller, 63 NY2d 687, 688 [1984]).

Here, as the candidates whose names appeared on the challenged designating petition, the appellants were necessary parties (see Swirsky v Smallwood, 148 AD2d 523 [1989]), and…

2Cases cited4 opinions

  1. McDonough v. ScannapiecoAppellate Division of the Supreme Court of the State of New York · 2009
  2. MATTER OF WOHL v. MillerNew York Court of Appeals · 1984
  3. Swirsky v. SmallwoodAppellate Division of the Supreme Court of the State of New York · 1989
  4. DiRoberto v. NapoliAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. Parietti v. SampsonAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Sandford v. WhiteAppellate Division of the Supreme Court of the State of New York · 2018
  3. Parietti v. SampsonAppellate Division of the Supreme Court of the State of New York · 2014

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