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MATTER OF SPARROW v. RIDDICK

303 A.D.2d 429 (2003)

755 N.Y.S.2d 886

In the Matter of THERESA SPARROW, Appellant, v. CAROL RIDDICK, Respondent, and BETTY CROSS et al., Respondents. (Proceeding No. 1.) In the Matter of MICHAEL S. PERAGINE et al., Respondents, v. WAYNE J. HALL et al., Appellants, and CAROL RIDDICK et al., Respondents. (Proceeding No. 2.)

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

Decided March 7, 2003.

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

Theresa Sparrow, the petitioner in Proceeding No. 1, did not join the Nassau County Board of Elections (hereinafter the Board) as a party within the 10-day period of limitation set forth in Election Law § 16-102 (2). Under the circumstances of this case the Board is a necessary party and the failure to join it was a fatal defect that could not...

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