Matter of Parietti v Sampson
2014 NY Slip Op 03520 [117 AD3d 836]
May 14, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 2, 2014


[*1]
 In the Matter of Michael Parietti et al., Respondents,
v
Christian G. Sampson, as the Town Clerk of the Town of Ramapo, N.Y., et al., Appellants, and Rockland County Board of Elections et al., Respondents.

Michael L. Klein, Town Attorney, Suffern, N.Y., for appellants.

Michael Parietti, Suffern, N.Y., and Robert Romanowski, Monsey, N.Y., petitioners-respondents pro se (one brief filed).

Thomas E. Humbach, County Attorney, New City, N.Y. (Thomas Simeti of counsel), for respondents (no brief filed).

In related proceedings, in effect, pursuant to Election Law article 16 to validate two petitions to hold referenda on propositions to increase the number of members of the Town Council of the Town of Ramapo from four to six and to establish a ward system for the election of members to the Town Council of the Town of Ramapo, respectively, Christian G. Sampson, as Town Clerk of the Town of Ramapo, and the Town of Ramapo, appeal, by permission, from an order of the Supreme Court, Rockland County (Garvey, J.), dated June 18, 2013, which, inter alia, denied their motions to vacate two orders of the same court both dated March 7, 2003, vacating two prior orders, both dated November 19, 2012, dismissing the proceedings without prejudice, and to dismiss the petitions as time-barred.

Ordered that the order dated June 18, 2013, is affirmed, with costs to the petitioners-respondents.

For the reasons stated in a companion appeal (see Matter of Parietti v Sampson, 117 AD3d 830 [2014] [decided herewith]), the appellants' sole contention on this appeal is without merit. Eng, P.J., Miller, Hinds-Radix and Maltese, JJ., concur.