Matter of Tischler v Neuman

Matter of Matter of Tischler v Neuman 2012 NY Slip Op 06728 Decided on October 5, 2012 Appellate Division, Second 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 October 5, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
2012-08772
(Index No. 700022/12)

[*1]In the Matter of Abraham Tischler, petitioner-respondent,

v

Cirel Neuman, et al., appellants, et al., respondent.




DECISION & ORDER

In a proceeding pursuant to Election Law § 16-102, inter alia, to validate an independent nominating petition nominating Abraham Tischler as the candidate of the School Choice Party in a general election to be held on November 6, 2012, for the public office of New York State Senator for the 17th Senatorial District, Cirel Neuman, Kalman Yeger, Maurice Blachonsky, and Simcha Felder appeal, by permission of the Supreme Court, Kings County (Martin, J.), from an order of the same court dated September 20, 2012, which denied their oral application to dismiss the petition.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed, as the ability to obtain review on direct appeal therefrom terminated with the entry of the final order in this proceeding (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order may be brought up for review on an appeal from the final order.
ANGIOLILLO, J.P., DICKERSON, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court