Hyperlawhypertext legal database Lansner v. Board of Elections 72 N.Y.2d 929

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Lansner v. Board of Elections

72 N.Y.2d 929 Court N.Y. Decision date 1988-09-02 English

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p. 929
In the Matter of David Lansner et al., Respondents, v Board of Elections of the City of New York et al., Appellants.
Argued August 31, 1988;
decided September 2, 1988
APPEARANCES OF COUNSEL
Robert Allan Muir, Jr., for appellants.
Paul H. Asofsky for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Contrary to respondents’ contention, the proceeding to validate petitioners’ designations as County Committeepersons was not brought by Lansner in a representative capacity.

p. 930
Rather, it was commenced by the candidates in their individual capacities as petitioners. Moreover, the petition was properly verified solely by Lansner since, in this case, the petitioners were "united in interest” (CPLR 3020 [d]; see, Matter of Castillo v Maclara, 63 NY2d 682 , 683). Respondents’ remaining arguments are unpreserved or without merit.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur; Judge Titone taking no part.

Order affirmed, without costs, in a memorandum.

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