Matter of Smith v Bodkin (2005 NY Slip Op 06534)

Matter of Smith v Bodkin

2005 NY Slip Op 06534 [21 AD3d 572]

August 24, 2005

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 12, 2005

In the Matter of Frank V. Smith, Respondent,
v
Christopher D. Bodkin et al., Appellants, et al., Respondents.

—[*1]In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating Christopher D. Bodkin and Steven J. Flotteron as candidates in a primary election to be held on September 13, 2005, for the nomination of the Republican Party as its candidates for the public office of Councilman of the Town of Islip, Christopher D. Bodkin and Steven J. Flotteron appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated August 3, 2005, which granted the petitioner's motion to dismiss their purported cross petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements (see Matter of Bodkin v Garfinkle, 21 AD3d 571 [2005] [decided herewith]). H. Miller, J.P., Cozier, Crane and Rivera, JJ., concur.