Wein v. Thomas

Kupferman, J. P.,

dissents in a memorandum as follows: The appellant served and filed an order to show cause and accompanying petition seeking *612to compel the Board of Elections to validate the nominating petitions of the City Independent Party for the general election to be held November 4 for the 17th Congressional District. The court at Special Term dismissed the petition "by reason of defective service.” The "defect” was the fact that service was made by the candidate petitioner himself upon the appropriate parties. CPLR 2103 (subd [a]) provides that "Except where otherwise prescribed by law…