Majority
p. 846In the Matter of Morton Greenspan et al., Appellants, v. Maurice J. O’Rourke et al., Constituting the Board of Elections of the City of New York, et al., and J. Stanley Shaw et al., Respondents. Argued October 14, 1970; decided November 12, 1970.
Rose L. Rubin and Herbert Rubin for appellants.
Robert E. Goldman for respondents.
Memorandum. The order of the Appellate Division should be affirmed, without costs. The failure of the petitioners to join parties necessary to the proceeding, to wit: three of the vice-chairmen elected at the July 13 organizational meeting, mandates a dismissal of the petition. Inasmuch as the rights of the respondents, who were challenged, are inextricably interwoven with the rights of the three successful candidates not joined, we cannot reach the issues presented. (See Matter of Ullman v. Power, 17 A D 2d 792 , affd. 12 N Y 2d 724 ; Matter of Schwimmer
p. 847
v. Power, 21 A D 2d 835 ; First Nat. Bank v. Shuler, 153 N. Y. 163 , 170.)
Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.
Order affirmed, without costs, in a memorandum.
Cases cited
- Ullman v. Power 12 N Y 2d 724 p. 846
- Schwimmer v. Power 21 A D 2d 835 p. 847
- First National Bank v. Shuler 153 N. Y. 163 at 170 p. 847