General
In the Matter of Richard Dietl, Appellant, v. Board of Elections in the City of New York, Respondent
151 A.D.3d 50453 N.Y.S.3d 545·New York Supreme Court, Appellate Division·2017·NY
Concur — Sweeny, J.P., Renwick, Andrias, Kapnick and Kahn, JJ.
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Opinion
In the Matter of Richard Dietl, Appellant, v Board of Elections in the City of New York, Respondent.
[53 NYS3d 545]
[MAJORITY]
Order, Supreme Court, New York County (Debra A. James, J.), entered May 12, 2017, which denied the petition to correct a voter registration, and dismissed this proceeding brought pursuant to Election Law § 16-108, unanimously affirmed, without costs.
The court correctly found that, by checking two different political party affiliations on his application to register as a new voter in the City of New York, petitioner failed to enroll in any party (Election Law § 5-302 [3]). We reject petitioner’s argument that respondent should have enrolled him in the party in which he had previously been enrolled, in Nassau County (see Election Law §§ 5-208 [4]; 5-304 [4]; Matter of Coopersmith v Ortutay, 76 AD3d 651 [2d Dept 2010]).
Concur — Sweeny, J.P., Renwick, Andrias, Kapnick and Kahn, JJ.