In the Matter of Elinore Mandell, et al., Appellants-Respondents, v. Board of
Elections &c., Respondent, Ferne J. Goldstein, Respondent-Appellant.
(Proceeding No. 1)
In the Matter of Ferne J. Goldstein, Respondent-Appellant, v. Salvatore
Zunno et al., Appellants-Respondents, et al., Respondent. (Proceeding No.
2)
88 N.Y.2d 976, 671 N.E.2d 540, 648 N.Y.S.2d 428 (1996). August 28, 1996
2 No. 279 (1996 NY Int. 168)
Decided August 28, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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Lawrence A. Mandelker, for appellants-respondents.
Aaron D. Maslow, for respondent-appellant.
MEMORANDUM:
The order of the Appellate Division should be modified,
without costs, by reinstating the first cause of action of the
proceeding by petitioners Mandell, Zunno and Gold to invalidate
respondent Goldstein's designating petition, and remitting to the
Board of Elections for further proceedings in accordance with this
memorandum and, as so modified, affirmed.
These are two proceedings, one instituted by petitioners
Mandell, Zunno and Gold to invalidate the petition of respondent
Goldstein's candidacy for Surrogate of King's County
and one instituted by petitioner Goldstein to validate her petition,
before us by our leave.
In the proceeding instituted by petitioner Goldstein, we
agree with the Appellate Division that the record below establishes
timely filing and service of the objections and
specifications on the part of respondents Mandell and Zunno, regarding
the designating petition of petitioner Goldstein, and were properly
before Supreme Court, having been raised in their answer to the
Goldstein petition to validate her designating petition. Thus, the
Appellate Division properly reversed Supreme Court's order granting
the petition to validate and remitted to the Board of Elections for
consideration of respondents' objections and specifications.
With respect to the proceeding instituted by petitioners
SNIPPETS:
In the Matter of Elinore Mandell, et al., Appellants-Respondents, v.
Board of Elections &c., Respondent, Ferne J. Goldstein, Respondent-Appellant.
(Proceeding No. 1)
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be modified, without costs, by reinstating the
These are two proceedings, one instituted by petitioners Mandell, Zunno and Gold to
In the proceeding instituted by petitioner Goldstein, we agree with the Appellate Division
With respect to the proceeding instituted by petitioners Mandell, Zunno and Gold to
Moreover, insofar as the first cause of action alleges that the Goldstein designating
Likewise, it was error to dismiss the first cause of action for failure to join other
Order modified, without costs, in accordance with the memorandum herein and, as so modified,
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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