In the Matter of Francis C. Voyticky et al., Appellants, v. New York City Board of Elections, Respondent, and Charles T. Calizaire et al., Respondents

In the Matter of Francis C. Voyticky et al., Appellants, v New York City Board of Elections, Respondent, and Charles T. Calizaire et al., Respondents. [638 NYS2d 360] [MAJORITY] —In a proceeding pursuant to Election Law article 16 to invalidate petitions designating Charles T. Calizaire, Edith Gauthier, and Edwin McQuilla as candidates in a primary election to be held on March 7, 1996, for the Republican Party party positions of delegates and Noreen Harnik, Brenda Y. Kennedy, and Nicole Merzier as alternate delegates, respectively, for the 11th Congressional District to the 1996 Republican National Convention, the appeal is from a judgment of the Supreme Court, Kings County (Garry, J.), dated January 30, 1996, which after a hearing, denied the application and dismissed the proceed-, ing. Ordered that the judgment is affirmed, without costs or disbursements. The court properly dismissed the proceeding on the ground that the appellants did not have standing to bring the proceeding (see, Matter of Sgambati v New York City Bd. of Elections, 224 AD2d 564 [decided herewith]). In addition, the court did not improvidently exercise its discretion in denying the appellants’ motion to amend the petition to allege that the appellants have standing as "aggrieved candidates” (see, Felix v Lettre, 204 AD2d 679). In light of our determination, we need not reach the parties’ remaining contentions. Bracken, J. P., Sullivan, Santucci, Hart and Krausman, JJ., concur.