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MATTER OF SETTINERI v. DiCARLO

82 N.Y.2d 813 (1993)

624 N.E.2d 683

604 N.Y.S.2d 546

In the Matter of Vito J. Settineri et al., Respondents, v. Robert J. DiCarlo et al., Appellants, et al., Respondents. Arthur Bramwell, Proposed Intervenor. (Proceeding No. 1.) In the Matter of Phillip A. Donohue et al., Respondents, v. Robert J. DiCarlo et al., Appellants, et al., Respondents. Arthur Bramwell, Proposed Intervenor. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided November 1, 1993.

Attorney(s) appearing for the Case

Robert S. Meyers, Brooklyn, for appellants.

Dorn & Corley, P. C., Brooklyn (Aaron D. Maslow of counsel), for Vito J. Settineri and others, respondents.

Rosenthal, Vallario, Leventhal & Coffinas, Brooklyn (John M. Leventhal of counsel), for Phillip A. Donohue and others, respondents.

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and LEVINE. Judge SMITH dissents and votes to confirm in an opinion.

Order reversed, without costs, and petitions dismissed for reasons stated in the dissenting in part in memorandum of Justice Vincent R. Balletta at the Appellate Division (197 A.D.2d 724, 726).

SMITH, J. (dissenting).

I dissent from the decision to reverse the order of the Appellate Division and to permit an outgoing Chairman of the Kings County Republican Party to nominate himself as the Republican candidate...

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