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MATTER OF EISENBERG v. STRASSER

100 N.Y.2d 590 (2003)

801 N.E.2d 370

769 N.Y.S.2d 150

In the Matter of TONY EISENBERG, Appellant, v. EVELYN I. STRASSER et al., Respondents, et al., Respondent. (Proceeding No. 1.) In the Matter of EVELYN I. STRASSER et al., Respondents, v. TONY EISENBERG, Appellant, et al., Respondent. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided August 28, 2003.

Attorney(s) appearing for the Case

Alter & Barbaro, Brooklyn (Steven V. Barbaro of counsel), for appellant in the two above-entitled proceedings.

Robert Allan Muir & Associates, LLP, Brooklyn (Robert Allan Muir of counsel), for respondents in the two above-entitled proceedings.

Before: Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Judge SMITH taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

We agree with the Appellate Division majority and dissent that, under these circumstances, there is no reason to disqualify the candidate for using the name "Tony Eisenberg," rather than "Anatoly Eyzenberg," on his designating petition. Nevertheless, the petition was properly invalidated because the candidate did not actually reside at the address...

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