Spillane v. Katz

McNally, J. (dissenting).

I dissent and vote to affirm. In my judgment, the petitions were properly dismissed, since appellants failed to join candidates who are necessary parties in this proceeding under section 330 of the Election Law. *161None of the candidates whose designating petitions are challenged by appellants was named. None of them was served with the petition and the order to show cause. In a proceeding under section 330 of the Election Law, a candidate whose petition is challenged for any reason is a necessary party. This is a jurisdictional defect and the petition was properly…