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MATTER OF BARBUTO v. SARCONE

275 A.D.2d 424 (2000)

713 N.Y.S.2d 128

In the Matter of R. LAWRENCE BARBUTO, Appellant, v. JOHN SARCONE, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 23, 2000.

Ordered that the order and final order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner contends that the respondent John Sarcone failed to timely institute a proceeding to validate the designating petition or timely interpose an answer in this proceeding containing the affirmative defense of failure to join a necessary party. Contrary to the petitioner's contention, the assertion by Sarcone in his answer of an affirmative defense...

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