Goodman v. Nassau County Board of Elections
Appellate Division of the Supreme Court of the State of New York
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
- McDonough v. ScannapiecoAppellate Division of the Supreme Court of the State of New York · 2009
- MATTER OF WOHL v. MillerNew York Court of Appeals · 1984
- Swirsky v. SmallwoodAppellate Division of the Supreme Court of the State of New York · 1989
- DiRoberto v. NapoliAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by3 opinions
- Parietti v. SampsonAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Sandford v. WhiteAppellate Division of the Supreme Court of the State of New York · 2018
- Parietti v. SampsonAppellate Division of the Supreme Court of the State of New York · 2014