Legal Opinion
Rizzo v. Withers
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 1990PublishedCited by 7 opinions
1Opinion of the Court
We agree with the Supreme Court’s determination that the proceeding must be dismissed because the petitioner challenges the authority and jurisdiction of the Executive Committee of the Suffolk County Committee of the Conservative Party but has failed to join the Executive Committee as a necessary party (see, CPLR 1001 [a]; Matter of Curcio v Wolf, 133 AD2d 188; Matter of Oberle v Caracappa, 133 AD2d 241).
In any event, were we to reach the substantive issues in this case, we would conclude that there is no merit to the petitioner’s contentions. Lawrence, J. P., Rubin, Sullivan and Balletta,…
2Cases cited2 opinions
- Curcio v. WolfAppellate Division of the Supreme Court of the State of New York · 1987
- Oberle v. CaracappaAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by7 opinions
- Delmont v. KellyAppellate Division of the Supreme Court of the State of New York · 1991
- Barbuto v. SarconeAppellate Division of the Supreme Court of the State of New York · 2000
- Regan v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1994
- Schaffer v. WithersAppellate Division of the Supreme Court of the State of New York · 1992
- Fusco v. SpanoAppellate Division of the Supreme Court of the State of New York · 2000
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