Matter of Gadsen v. Bd. of Elections of the City of New York

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with Special Term and the Appellate Division that the validation proceeding was jurisdictionally defective because of the candidate’s failure to name and serve all those who filed objections to the designating petition (Matter of Wein v Molinari, 51 NY2d 717; Matter of Cappellazzi v Toto, 41 NY2d 1050). This is not altered by the fact that the attorneys who represented unnamed and unserved parties did appear for them in the invalidation proceeding with which the one to validate was consolidated…