Summary
The New York Supreme Court, Appellate Division, Fourth Department dismissed an appeal by a county Board of Elections commissioner from an order invalidating signatures on Sally A. Jaroszynski's designating petition for Chautauqua County Family Court Judge. The court held that the commissioner was not aggrieved by the order and noted that Jaroszynski had not appealed, so her arguments were beyond appellate review.
Topics
Practice areas
Questions Presented
- Whether the commissioner of the Chautauqua County Board of Elections was aggrieved by the order invalidating signatures on Jaroszynski's designating petition and therefore had a right to appeal.
- Whether Jaroszynski's contentions could be considered when she had not appealed from the order.
Holdings
- Green was not aggrieved by the order and therefore lacked a basis to appeal; the appeal was dismissed.
- Jaroszynski's contentions were beyond the court's review because she did not take an appeal from the order.
Factual background
Sally A. Jaroszynski sought designation as the Conservative Party candidate for Chautauqua County Family Court Judge in the September 13, 2016 primary election. In an Election Law proceeding, the Supreme Court invalidated signatures on her designating petition. Norman P. Green, a commissioner of the Chautauqua County Board of Elections, appealed from that order, although the Appellate Division concluded that he was not aggrieved by it.
Procedural history
The Supreme Court, Chautauqua County, entered an order on August 12, 2016, that, among other things, invalidated Jaroszynski's designating petition for the Conservative Party primary candidacy for Chautauqua County Family Court Judge. Green appealed. The Appellate Division dismissed the appeal because Green was not aggrieved by the order. It also held that contentions raised by Jaroszynski were beyond appellate review because she had not appealed.