Jenkins v. Bd. of Elections, 270 A.D.2d 436 (N.Y. App. Div. 2000). · Go Syfert
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Jenkins v. Bd. of Elections, 270 A.D.2d 436 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
8 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Cohen v. Suffolk County Board of Elections (nyappdiv, 2011-04-26)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Cohen v. Suffolk County Board of Elections
N.Y. App. Div. · 2011 · confidence medium
Finally, because the proceeding was brought beyond the statute of limitations, the New York State Board of Elections, a necessary party to the proceeding, cannot be timely joined (see Matter of Jenkins v Board of Elections of City of N.Y., 270 AD2d 436, 437 [2000]).
discussed Cited as authority (rule) Jacobellis v. Fonseca
N.Y. App. Div. · 2007 · confidence medium
Accordingly, the Executive Committee is a necessary party to the proceeding, and the petitioners’ failure to join it was jurisdictionally fatal (see CPLR 1001 [a]; Matter of Flores v Kapsis, 10 AD3d 432, 433 [2004]; Matter of Barbuto v Sarcone, 275 AD2d 424, 425 [2000]; Matter of Jenkins v Board of Elections of City of N.Y., 270 AD2d 436, 437 [2000]; Matter of Regan v New York State Bd. of Elections, 207 AD2d 647 [1994]; Matter of Oberle v Caracappa, 133 AD2d 241 [1987]; Matter of Curdo v Wolf, 133 AD2d 188, 189 [1987]).
discussed Cited as authority (rule) Miller v. Lapine
N.Y. App. Div. · 2007 · confidence medium
Accordingly, the Executive Committee is a necessary party to the proceeding, and the petitioners’ failure to join it was jurisdictiunally fatal (see CPLR 1001 [a]; Matter of Flores v Kapsis, 10 AD3d 432, 433 [2004]; Matter of Barbuto v Sarcone, 275 AD2d 424, 425 [2000]; Matter of Jenkins v Board of Elections of City of NY., 270 AD2d 436, 437 [2000]; Matter of Regan v New York State Bd. of Elections, 207 AD2d 647 [1994]; Matter of Oberle v Caracappa, 133 AD2d 241 [1987]; Matter of Curdo v Wolf, 133 AD2d 188, 189 [1987]).
discussed Cited as authority (rule) O'Brien v. Seneca County Board of Elections
N.Y. App. Div. · 2005 · confidence medium
The court properly determined that the petition is null and void for failure to join a necessary party (see CFLR 1001 [a]; Matter of Jenkins v Board of Elections of City of N.Y., 270 AD2d 436, 437 [2000]).
Retrieving the full opinion text from the archive…
In the Matter of Cynthia Jenkins, Appellant-Respondent
v.
Board of Elections of the City of New York, and Carolyn Younger
Appellate Division of the Supreme Court of the State of New York.
Mar 23, 2000.
270 A.D.2d 436
2000 N.Y. App. Div. LEXIS 3123
Cited by 7 opinions  |  Published

—In a proceeding pursuant to Election Law § 16-102, inter alia, to validate the nomination of Cynthia Jenkins as the candidate of the Independence Party for the public office of State Senator for the Tenth Senatorial District at a special election to be held on March 28, 2000, and to invalidate the nomination of Carolyn Younger for the same office, Cynthia Jenkins appeals from so much of an amended judgment of the Supreme Court, Queens County (LeVine, J.), dated March 17, 2000, as denied that branch of the petition which was to validate her nomination and directed the Board of Elections of the City of New York not to include her name on the ballot as a candidate of the Independence Party for the office of State Senator for the Tenth Senatorial District, and Carolyn Younger cross-appeals from so much of the same amended judgment as granted that branch of the petition which was to invalidate her nomination as the candidate of the Independence Party for the same office and directed the Board of Elections of the City of New York not to include her name on the ballot as a candidate of the Independence Party for the office of State Senator for the Tenth Senatorial District.

Ordered that the notice of appeal by Cynthia Jenkins from a judgment dated March 17, 2000, is deemed a premature notice of appeal from the amended judgment; and it is further,

Ordered that the amended judgment is reversed insofar as[*437] appealed and cross-appealed from, without costs or disbursements, so much of the second decretal paragraph as invalidated the nomination of Carolyn Younger is deleted, the third decretal paragraph is deleted, so much of the fourth decretal paragraph as directed the Board of Elections of the City of New York to not include the names of Cynthia Jenkins and Carolyn Younger on the ballot is deleted, and a provision dismissing those branches of the petition which were to validate the nomination of Cynthia Jenkins and invalidate the nomination of Carolyn Younger is substituted therefor.

Although the petition seeks to challenge the actions of the Queens Interim County Organization of the Independence Party and the Executive Committee of the State Committee of the Independence Party, these necessary parties were not joined in this proceeding (see, CPLR 1001 [a]; Matter of Schaffer v Withers, 186 AD2d 836; Matter of Oberle v Caracappa, 133 AD2d 241). Since this proceeding is governed by the 10-day limitation period of Election Law § 16-102 (2) (see, e.g., Matter of Borelli v Meier, 264 AD2d 479), timely joinder of these entities as respondents in this proceeding is not possible and those branches of the petition which seek to validate the nomination of Cynthia Jenkins and invalidate the nomination of Carolyn Younger must, therefore, be dismissed (see, Matter of Marin v Board of Elections, 111 AD2d 489, 490, read on other grounds 67 NY2d 634, 636-637; see generally, CPLR 1003).

In light of our determination, the parties’ remaining contentions need not be addressed. We have not addressed any portion of the amended judgment relating to the candidacy of Malcolm A. Smith as he has not appealed from the amended judgment. Mangano, P. J., Bracken, Thompson and Sullivan, JJ., concur.