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Brown v. Smith

Citations: 76 A.D.2d 939; 906 N.Y.S.2d 906

Court: Appellate Division of the Supreme Court of the State of New York; September 10, 2010; New York; State Appellate Court

Narrative Opinion Summary

In the proceeding pursuant to Election Law § 16-102, Everly Brown appealed a final order from the Supreme Court of Queens County, which allowed him to withdraw his petition to invalidate Malcolm A. Smith's candidacy for the Democratic, Independence, and Working Families parties in the upcoming primary election. The court dismissed the appeal without costs or disbursements, stating that only an aggrieved party may appeal, and since the order granted the relief Brown sought—permission to withdraw the petition—he was not aggrieved. Additionally, the court noted that Brown did not properly initiate a separate action to validate his designating petition, as he failed to obtain a second index number. The decision was supported by precedent, confirming that the appeal was properly dismissed. Judges Mastro, Dickerson, Chambers, and Sgroi concurred with the ruling.

Legal Issues Addressed

Appeal by Non-Aggrieved Party

Application: The court dismissed Everly Brown's appeal because he was not considered an aggrieved party after being granted permission to withdraw his petition.

Reasoning: The court dismissed the appeal without costs or disbursements, stating that only an aggrieved party may appeal, and since the order granted the relief Brown sought—permission to withdraw the petition—he was not aggrieved.

Dismissal of Appeal Supported by Precedent

Application: The decision to dismiss the appeal was affirmed by precedent, validating the court's ruling.

Reasoning: The decision was supported by precedent, confirming that the appeal was properly dismissed.

Initiating Separate Action for Petition Validation

Application: Brown's failure to obtain a second index number meant he did not properly initiate a separate action to validate his designating petition.

Reasoning: Additionally, the court noted that Brown did not properly initiate a separate action to validate his designating petition, as he failed to obtain a second index number.