SWIRSKY v. SMALLWOOD

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

The proceeding must be dismissed as jurisdictionally defective because the objector failed to join and serve a necessary party, that is, the other candidate whose name appears on the challenged petition (see, CPLR 1001 [a]; Matter of Miranda v. Erie County Bd. of Elections, 59 A.D.2d 643; cf., Matter of McGoey v. Black, 100 A.D.2d 635). Mangano, J.P., Lawrence, Kooper and Sullivan, JJ., concur.