Matter of Liepshutz v. Palmateer, 484 N.E.2d 137 (N.Y. 1985). · Go Syfert
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Matter of Liepshutz v. Palmateer, 484 N.E.2d 137 (N.Y. 1985). Cases Citing This Book View Copy Cite
19 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: Burkwit v. Olson (nyappdiv, 2011-09-09)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Burkwit v. Olson
N.Y. App. Div. · 2011 · signal: see · confidence high
Petitioner is an aggrieved candidate within the meaning of Election Law § 16-102 inasmuch as he contends that respondents failed to follow “a legislatively mandated requirement of the Election Law” and that he was thereby deprived of the opportunity to be nominated as a candidate (Matter of Gross v Hoblock, 6 AD3d 933, 935 [2004]; see Matter of Liepshutz v Palmateer, 112 AD2d 1098, 1099 [1985], affd 65 NY2d 963 [1985]; Matter of DiStefano v Kiggins, 254 AD2d 688 [1998]).
discussed Cited "see" Goodell v. Parment
N.Y. App. Div. · 2010 · signal: see · confidence high
Petitioner’s challenge to the certificates of declination and substitution “is not based on an internal party rule” (Matter of Ciccotti v Havel, 186 AD2d 979 [1992], Iv denied 80 NY2d 754 [1992]) but, rather, it concerns the “legislatively mandated requirements of the Election Law [that] ‘transcend the mere regulation of the affairs of a political party’ ” (Matter of Breslin v Conners, 10 AD3d 471, 473-474 [2004], Iv denied 3 NY3d 603 [2004]; see Matter of Harper v New York State Bd. of Elections, 34 AD3d 919, 920 [2006]; see generally Matter of Liepshutz v Palmateer, 112 AD2d 10…
discussed Cited "see, e.g." Matter of Cox v. Spoth
N.Y. App. Div. · 2018 · signal: see also · confidence low
Zeplowitz is an aggrieved candidate, and petitioners' challenge is based on the alleged failure of the Democratic Party to comply with the Election Law and not on a failure to comply with the internal rules of the Democratic Party or the Executive Committee ( see Election Law § 16-102 [1]; Matter of Ciccotti v Havel , 186 AD2d 979 , 979 [4th Dept 1992], lv denied 80 NY2d 754 [1992]; see also Matter of Liepshutz v Palmateer , 112 AD2d 1098, 1099-1100 [3d Dept 1985], affd 65 NY2d 963 [1985]; Matter of Lavell v Baker , 153 AD3d 1135 , 1136 [4th Dept 2017], lv dismissed and denied 29 NY3d 1100 [2…
discussed Cited "see, e.g." Scoville v. Cicoria
NY · 1985 · signal: compare · confidence low
They generally are not aggrieved parties entitled to challenge candidates for party offices or candidates designated as a result of a failure to follow party rules (see, Election Law § 6-154 [2]; Matter of Bennett v Justin, 51 NY2d 722 ; Matter of Stempel v Albany County Bd. of Elections, 97 AD2d 647, 648 , affd 60 NY2d 801 ; Matter of Wydler v Cristenfeld, 35 NY2d 719 ; compare, Matter of Liepshutz v Palmateer, 112 AD2d_, affd 65 NY2d 963 ).
Retrieving the full opinion text from the archive…
In the Matter of Gerald H. Liepshutz, Respondent,
v.
Lawrence Palmateer, Jr., Et Al., Constituting the Greene County Board of Elections, Respondents, and James Battisti, Appellant
New York Court of Appeals.
Aug 28, 1985.
484 N.E.2d 137
1985 N.Y. LEXIS 15981
APPEARANCES OF COUNSEL, Thomas J. Spargo for appellant., Paul M. Whitaker for respondent.
Cited by 19 opinions  |  Published

OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division (112 AD2d_).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.