MATTER OF SHARPE v. EUGENE


39 A.D.3d 777 (2007)

833 N.Y.S.2d 669

In the Matter of WELLINGTON SHARPE et al., Appellants, v. MATHIEU EUGENE, Respondent, et al., Respondent.

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

Decided April 20, 2007.


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

We affirm the final order dismissing the proceeding, although we do so on a ground different from that relied upon by the Supreme Court. Under the circumstances of this case, the Supreme Court should have reached the merits of the petitioners' challenge to Mathieu Eugene's independent nominating petition. Since that challenge is one that may be determined as a matter of law, for purposes of...

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