MATTER OF LUCCHESE v. ROTELLA, 60 N.Y.2d 815 (1983)

457 N.E.2d 807, 469 N.Y.S.2d 700

In the Matter of BERNARD C. LUCCHESE et al., Respondents, v. PHILIP J. ROTELLA et al., Appellants, and HELENA M. DONOHUE et al., Respondents.

Court of Appeals of the State of New York.Argued October 25, 1983
Decided October 28, 1983

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.

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Charles Apotheker, appellant pro se, and for Phillip J. Rotella and others, appellants.

Robert J. Miller, Arthur Moskoff and Jerry A. Weiss for O. Fred Miller and another, appellants.

Thomas J. Spargo for Bernard C. Lucchese and others, respondents.

Ilan S. Schoenberger, County Attorney (Martin Hurwitz of counsel), for Rockland County Board of Elections, respondent.

Robert Abrams, Attorney-General (William J. Kogan an Peter J. Dooley of counsel), respondent pro se.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, for those reasons set forth in the memorandum of the Appellate Division which relate to the failure to abide by the requirements of subdivision 1 of section 6-108 of the Election Law.

While we do not address the appropriateness or propriety of instituting this proceeding in Albany County rather than in Rockland County where the controversy arose, we do not condone the practice.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Order affirmed, without costs, in a memorandum.