Majority
p. 886In the Matter of Joseph A. Giorgi, Appellant, v Monroe County Board of Elections, by M. Betsy Relin et al., as Commissioners, Respondents. [606 NYS2d 1010]
—Order unanimously affirmed without costs. Memorandum: The proceeding is jurisdictionally defective for failure to serve a necessary party (see, Matter of Gadsen v Board of Elections, 57 NY2d 751 ; Matter of Wein v Molinari, 51 NY2d 717 ). Further, the proceeding was not timely commenced (see, Election Law § 16-102 [2]; Matter of Godzisz v Mohr, 197 AD2d 839 ; Matter of Ehle v Wallace, 195 AD2d 1086 , lv denied 82 NY2d 653 ). We reach these issues because respondent was entitled to raise them as alternative grounds for sustaining the order (see, Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482 , 488; see also, Parochial Bus Sys. v Board of Educ., 60 NY2d 539 , 544-546). In view of our determination, we need not
p. 887
address the other issues raised on appeal. (Appeal from Order of Supreme Court, Monroe County, Siragusa, J. — Election Law.) Present — Callahan, J. P., Green, Pine, Davis and Boehm, JJ.
Cases cited
- Gadsen v. Board of Elections 57 NY2d 751 p. 886
- Wein v. Molinari 51 NY2d 717 p. 886
- Ehle v. Wallace 195 AD2d 1086 p. 886
- Town of Massena v. Niagara Mohawk Power Corp. 45 NY2d 482 at 488 p. 886
- Parochial Bus Systems, Inc. v. Board of Education 60 NY2d 539 at 544-546 p. 886