| Matter of Fischer v NYS Bd. of Elections |
| 2012 NY Slip Op 06249 [98 AD3d 1067] |
| September 24, 2012 |
| Appellate Division, Second Department |
| In the Matter of Gregory John Fischer et al.,Appellants, v NYS Board of Elections et al., Respondents. |
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In a proceeding pursuant to Election Law § 16-102, inter alia, to validate petitionspurporting to designate Gregory John Fischer, Roger S. Lewis, and Bill Jurow as candidates in aprimary election that was held on September 13, 2012, for the nomination of the DemocraticParty as candidates for the public offices of Trustees of the Long Island Power Authority, thepetitioners appeal from a final order of the Supreme Court, Suffolk County (Garguilo, J.), datedAugust 6, 2012, which granted the respective motions of the New York State Board of Elections,of the Suffolk County Board of Elections, Anita S. Katz, and Wayne T. Rogers, and of theNassau County Board of Elections, William T. Biamonte, and Louis G. Savinetti, to dismiss thepetition for failure to state a cause of action, and dismissed the petition.
Ordered that the final order is affirmed, without costs or disbursements.
Pursuant to Public Authorities Law § 1020-d (1), the 15 trustees who constitute theLong Island Power Authority are appointed by the Governor, the Temporary President of theSenate, and the Speaker of the Assembly. Since the trustees of the Long Island Power Authorityare appointed, rather than elected in a public election, the designating petitions filed with theSuffolk County Board of Elections purporting to designate Gregory John Fischer, Roger S.Lewis, and Bill Jurow as candidates in a primary election for the nomination of the DemocraticParty as candidates for the public offices of Trustees of the Long Island Power Authority were anullity. Accordingly, the Supreme Court properly dismissed the petition in this proceeding,which was commenced to validate the appellants' designating petitions.
The appellants' remaining contentions are without merit. Florio, J.P., Dickerson, Belen andMiller, JJ., concur.