MATTER OF DIETL v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK

4398. 100082/17.

151 A.D.3d 504 (2017)

2017 NY Slip Op 04573

53 N.Y.S.3d 545

In the Matter of RICHARD DIETL, Appellant, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 8, 2017.


The court correctly found that, by checking two different political party affiliations on his application to register as a new voter in the City of New York, petitioner failed to enroll in any party (Election Law § 5-302 [3]). We reject petitioner's argument that respondent should have enrolled him in the party in which he had previously been enrolled, in Nassau County (see Election Law §§ 5-208 [4]; 5-304 [4]; Matter of Coopersmith v Ortutay,

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