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MATTER OF KENDALL v. ANDERSON

287 A.D.2d 665 (2001)

731 N.Y.S.2d 897

In the Matter of BRAD KENDALL et al., Petitioners, and FRANZ N. STOPPENBACH, Appellant, v. RICHARD M. ANDERSON, Respondent. (Matter No. 1.) ROGER HIGGINS et al., Plaintiffs, v. COUNTY OF DUTCHESS et al., Defendants. (Matter No. 2.)

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

Decided October 25, 2001.

Ordered that the final order is affirmed, without costs or disbursements.

The failure of Franz N. Stoppenbach to join Glenn S. Goldstein as a necessary party to the proceeding within the limitation period set forth in Election Law § 16-102 [2] was a fatal defect that could not be cured after its expiration (see, Matter of Marin v Board of Elections, 67 N.Y.2d 634; Matter...

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