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MTR OF PELUSO v. ERIE COUNTY

13 N.Y.3d 139 (2009)

In the Matter of ANTHONY PELUSO et al., Appellants, v. ERIE COUNTY INDEPENDENCE PARTY et al., Respondents, and NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY et al., Appellants, et al., Respondents.

Court of Appeals of New York.

Decided August 26, 2009.

Attorney(s) appearing for the Case

John Ciampoli, Albany, for appellants.

Jerome D. Schad, Williamsville, Cantor, Lukasik, Dolce, Panepinto, Buffalo (Sean Cooney of counsel), and Cheryl A. Green, County Attorney (Kristin Klein Wheaton of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

Petitioners brought this proceeding pursuant to the Election Law, the General Associations Law and CPLR article 78, seeking, among other things, a declaration that respondent Erie County Committee of the Independence Party's rules are invalid and contrary to the rules of the State Committee of the Independence Party, as well as an injunction. The State Committee cross-petitioned, joining in petitioners' request for declaratory...

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