Matter of Independence Party State Committee of State of New York v Carole Berman (2005 NY Slip Op 06633)

Matter of Independence Party State Comm. of State of New York v Berman

2005 NY Slip Op 06633

Decided on September 9, 2005

Appellate Division, Second Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 9, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.

DECISION & ORDER

2005-08465

[*1]In the Matter of Independence Party State Committee of State of New York, et al., petitioners-respondents,

v

Carole Berman, et al., respondents, Kathleen M. Rice, et al., appellants. (Index No. 11735/05)

In a proceeding, inter alia, pursuant to CPLR article 78 to compel the Nassau County Board of Elections to remove from the September 13, 2005, Independence Party primary ballot the candidates submitted by the Interim County Organization of the Independence Party of Nassau County, the appeal is from a judgment of the Supreme Court, Nassau County (LaCava, J.), dated September 7, 2005, which granted the petition.

ORDERED that the judgment is reversed, on the law, the petition is denied, and the proceeding is dismissed (see Matter of Katagas v Berman, AD3d [decided herewith]).
SANTUCCI, J.P., KRAUSMAN, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court