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MATTER OF COHEN v. SUFFOLK COUNTY BOARD OF ELECTIONS

2010-10001.

83 A.D.3d 1063 (2011)

921 N.Y.S.2d 573

In the Matter of HAROLD COHEN, Respondent, v. SUFFOLK COUNTY BOARD OF ELECTIONS et al., Appellants.

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

Decided April 26, 2011.

Ordered that on the Court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, the appellants' motion pursuant to CPLR 3211 (a) and 7804 to dismiss the petition for failure to state a cause of action, as barred by the statute of limitations, and for failure to name a necessary party is...

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