MATTER OF FUSCO v. WESTCHESTER COUNTY BOARD OF ELECTIONS


286 A.D.2d 456 (2001)

729 N.Y.S.2d 521

In the Matter of JOSEPH FUSCO et al., Petitioners, and JOHN J. DAWSON, Respondent, v. WESTCHESTER COUNTY BOARD OF ELECTIONS et al., Respondents, and THOMAS ABINANTI, Appellant.

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

Decided August 22, 2001.


Ordered that the order and final order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the appellant's motion which was to dismiss the proceeding insofar as asserted on behalf of John J. Dawson for failure to name and serve a necessary party is granted, the proceeding is dismissed insofar as asserted on behalf of John J. Dawson, and the matter is remitted to the Westchester County Board of Elections to remove the name of the...

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