Matter of Cass v Krakower

Matter of Cass v Krakower 2009 NY Slip Op 06301 [13 NY3d 118] August 26, 2009 Per Curiam Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 7, 2009

[*1] In the Matter of A. William Cass, Appellant,
v
Stephan L. Krakower, Respondent, et al., Respondents.

Argued August 25, 2009; decided August 26, 2009

Matter of Cass v Krakower, 65 AD3d 637, affirmed.

APPEARANCES OF COUNSEL

John Ciampoli, Albany, for appellant.

David A. Sears, Poughkeepsie, for respondent.

{**13 NY3d at 119} OPINION OF THE COURT

Per Curiam.

Election Law §§ 6-164 and 6-166 collectively require that an opportunity to ballot petition shall set forth the names of persons constituting a "committee to receive notices" and that "[a]ll required notices shall be served on the members of the committee named in the petition." Here, petitioner, the aggrieved candidate, failed to serve or provide any notice of the present proceeding to the Committee to Receive Notices. Thus, the Appellate Division properly [*2]reversed Supreme Court's denial of respondent's motion to dismiss (65 AD3d 637 [2009]).

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in per curiam opinion.

Order affirmed.