Matter of Alessio v Carey

Matter of Alessio v Carey

2008 NY Slip Op 01417 [10 NY3d 751]

February 15, 2008

Court of Appeals

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 2, 2008

[*1] In the Matter of George P. Alessio, Jr., Appellant,

v

Paul G. Carey et al., Respondents.

Argued February 8, 2008; decided February 15, 2008

Matter of Alessio v Carey, 47 AD3d 1194, reversed.

APPEARANCES OF COUNSEL

Cote, Limpert & Van Dayke, LLP, Syracuse (Joseph S. Cote, III, of counsel), for appellant.

Bruce R. Bryan, Syracuse, for respondent.

{**10 NY3d at 752} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed without costs and the case remitted to that Court for the consideration of issues raised, but not determined, on the appeal below.

Contrary to the Appellate Division's view, Supreme Court did have subject matter [*2]jurisdiction over this special proceeding, brought pursuant to Election Law § 16-106 (5).