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MATTER OF HINTZ v. BOARD OF ELECTIONS

Appellate Division of the Supreme Court of New York, Second Department.
Aug 23, 1995

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, the Supreme Court properly dismissed the proceeding. The petitioner, who was enrolled to vote in the 46th Election District, lacked standing to challenge the designating petitions with respect to all the candidates except the two candidates from the 46th Election District (see, Election Law ยง 6-154; Lucariello v. Niebel, 72 N.Y.2d 927, 928; Matter of Cantatore v. Sunderland, 196 A.D.2d 606, 607). However, the petitioner failed to raise a substantive challenge to the listed candidates from the 46th Election District.

The petitioner's claim of fraud is without merit. Sullivan, J.P., Rosenblatt, Miller and Altman, JJ., concur.