Matter of Feliciano v Guastella

Matter of Matter of Feliciano v Guastella 2012 NY Slip Op 05950 Decided on August 15, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 15, 2012 The Following Order Was Entered And Filed On August 15,
Tom, J.P., Freedman, Richter, Abdus-Salaam, Manzanet-Daniels, JJ.
2012 8075 260587/12

[*1]In re Hector Feliciano, etc., Petitioner-Respondent,

v

Maria Guastella, et al., Respondents-Appellants, Benny Catala, Objector-Appellant.




Michael A. Cardozo, Corporation, New York (Stephen
Kitzinger of counsel), for Maria Guastella, Frederic M. Umane, Jose
Miguel Araujo, Naomi Barrera, Julia Dent, Juan Carlos J.C.'
Polanco, Nancy Mottola-Schacher, J.P. Sipp, Gregory Soumas,
Judith D.. Stupp, appellants.
Stanley K. Schlein, Bronx, for Benny Catala, appellant.
Neil V. Grimaldi, Bronx, for respondent.

Judgment, Supreme Court, Bronx County (John W. Carter, J.), entered on or about August 10, 2012, unanimously reversed, on the law and the facts, without costs and petitioner's motion to validate the petition denied.

The designating petition initially filed by petitioner failed to comply with 9 NYCRR § 6215.2. Petitioner filed an amended cover sheet that was likewise defective for failure to comply with Election Board Rule C.4. Thus, the Board properly determined that both the original designating petition and the attempt to cure the defect were invalid.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: AUGUST 15, 2012 [*2]

CLERK