MATTER OF AVELLA v. BATT


33 A.D.3d 77 (2006)

820 N.Y.S.2d 332

In the Matter of MICHAEL A. AVELLA, as a Registered Voter of Albany County and Treasurer of the New York Republican State Committee, et al., Respondents, v. WILLIAM H. BATT, as the Treasurer of Friends of David Soares, et al., Respondents, and JOHN KEST, as the Treasurer of the Working Families Party, Appellant.

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

July 20, 2006.


Attorney(s) appearing for the Case

Richard L. Brodsky, Elmsford, Jay R. Halfon, New York City, and Tracy Peel, New York City, for appellant.

Featherstonhaugh, Wiley, Cline & Cordo, L.L.P., Albany (Stephen J. Wiley of counsel), for respondents.

William J. McCann Jr., New York State Board of Elections, Albany, for New York State Board of Elections, respondent.

MERCURE, J.P., CREW III, MUGGLIN, ROSE and KANE, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Petitioners are five voters registered in Albany County. In September 2004, petitioners commenced this proceeding seeking, among other things, an order declaring that the Working Families Party (hereinafter WFP) violated Election Law § 2-126 by spending party funds to aid the campaign of David Soares in the Democratic primary election for Albany County District Attorney. Section 2-126 imposes a restriction on the expenditure...

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