| Matter of Brown v Smith |
| 2010 NY Slip Op 06544 [76 AD3d 939] |
| September 10, 2010 |
| Appellate Division, Second Department |
| In the Matter of Everly Brown, Appellant, v Malcolm A.Smith, Respondent, et al., Respondent. |
—[*1]
In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petitiondesignating Malcolm A. Smith as a candidate in a primary election to be held on September 14,2010, for the nominations of the Democratic Party, the Independence Party, and the WorkingFamilies Party, respectively, as their candidate for the public office of State Senator for the 14thSenatorial District, Everly Brown appeals from a final order of the Supreme Court, QueensCounty (Flug, J.), dated August 10, 2010, which granted his oral application, in effect, towithdraw the petition to invalidate the designating petition.
Ordered that the appeal is dismissed, without costs or disbursements.
Only an aggrieved party or a person substituted for him or her may appeal from an appealablejudgment or order (see CPLR 5511; Swazey v Pathmark Stores, Inc., 74 AD3d 786, 787 [2010])."Where a party obtains the relief [he or she] seeks from the Supreme Court, [that party] is notaggrieved" (AMS Prods., LLC vSignorile, 66 AD3d 929 [2009]; see DiMare v O'Rourke, 35 AD3d 346 [2006]). Here, the finalorder appealed from granted the appellant's oral application, in effect, to withdraw the petition toinvalidate the petition designating Malcolm A. Smith as a candidate in the primary election.Therefore, the appellant is not aggrieved by the final order, and the appeal must be dismissed(see AMS Prods., LLC v Signorile, 66 AD3d at 929).
We note that the appellant failed to properly commence a separate proceeding to validate hisdesignating petition by not purchasing a second index number (see Matter of White v Bilal, 21 AD3d573, 574 [2005]; Matter of Mennella v Deputy Chief Admin. Judge, N.Y. City Cts.,302 AD2d 530, 530-531 [2003]; Matter of Pal v Aponte, 237 AD2d 443, 444 [1997]).Mastro, J.P., Dickerson, Chambers and Sgroi, JJ., concur.