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MATTER OF DEAR v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK

307 A.D.2d 1006 (2003)

763 N.Y.S.2d 509

In the Matter of NOACH DEAR, Appellant, v. BOARD OF ELECTIONS OF THE CITY OF NEW YORK, Respondent, and RACHEL ABRAMOVITZ, Respondent. (Proceeding No. 1.) In the Matter of FERN WEINREICH et al., Respondents, v. NOACH DEAR, Appellant, et al., Respondent. (Proceeding No. 2.)

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

Decided August 20, 2003.

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

Contrary to the contention of the appellant, Noach Dear, New York City Charter § 25 (a), as amended by Local Law No. 27 (2002) of City of New York, and New York City Charter § 1138 preclude him from running for office again until 2005. Further, these provisions, as applied to him, did not violate his constitutional rights, as he does not have a fundamental right to be a candidate ...

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