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Cass v. Krakower

New York Court of Appeals


August 26, 2009

IN THE MATTER OF A. WILLIAM CASS, &C., APPELLANT,
v.
STEPHAN L. KRAKOWER, RESPONDENT, ET AL., RESPONDENTS.

Per curiam.

This opinion is uncorrected and subject to revision before publication in the New York Reports.

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 reversed Supreme Court's denial of respondent's motion to dismiss.

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

Order affirmed. Opinion Per Curiam.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

20090826

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