Matter of Brown v Board of Elections in City of N.Y.
2011 NY Slip Op 06406 [87 AD3d 947]
September 7, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


In the Matter of Everly Brown, Appellant,
v
Board of Elections in City of New York, Respondent, and Hersh K. Parekh et al., Respondents.

[*1]

In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petition designating Everly Brown as a candidate in a primary election to be held on September 13, 2011, for the nomination of the Democratic Party as its candidate for the public office of District Attorney for the County of Queens, the petitioner appeals from a final order of the Supreme Court, Queens County (Flug, J.), dated August 9, 2011, which, after a hearing, denied the petition and, in effect, dismissed the proceeding.

Ordered that the final order is affirmed, without costs or disbursements.

The petitioner is not qualified to hold the public office of District Attorney for the County of Queens, since he is not an attorney admitted to practice law in the State of New York or any other jurisdiction (see Matter of Curry v Hosley, 86 NY2d 470, 475 [1995]). Accordingly, the Supreme Court properly denied the petition and, in effect, dismissed the proceeding.

The parties' remaining contentions either are without merit or need not be reached in light of our determination. Skelos, J.P., Leventhal, Austin and Miller, JJ., concur.