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MATTER OF ESPADA v. DIAZ

98 N.Y.2d 715 (2002)

778 N.E.2d 546

748 N.Y.S.2d 896

In the Matter of PEDRO ESPADA, JR., et al., Respondents, v. RUBEN DIAZ et al., Appellants, and BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided September 9, 2002.

Attorney(s) appearing for the Case

Martin E. Connor, Brooklyn, and Stanley Kalmon Schlein, Bronx, for appellants.

Lewis & Fiore, New York City (David L. Lewis of counsel), for Pedro Espada, Jr., and others, respondents.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be reversed, without costs, and the petition dismissed.

In an earlier proceeding brought pursuant to Election Law § 16-102, Supreme Court disqualified candidate Raysa Castillo on residency grounds. The present petition seeks to invalidate the certificate of substitution naming Ruben Diaz for Castillo.

Supreme Court explicitly determined that neither the petition nor...

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