Matter of Consuello v McGrath
2008 NY Slip Op 07944 [55 AD3d 1453]
October 20, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


In the Matter of Christopher N. Consuello, et al., Appellants, v Patrick J. McGrath, as Candidate, et al., Respondents.

[*1] Thomas J. Spargo, East Berne, for petitioners-appellants.

James E. Long, Albany, for respondent-respondent Patrick J. McGrath, as Candidate.

Appeal (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Appellate Division, Third Department, entered October 10, 2008) from an order of the Supreme Court, Albany County (Michael C. Lynch, J.), entered October 6, 2008 in a proceeding pursuant to Election Law article 16. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Hurlbutt, Lunn, Green and Gorski, JJ.