IN RE: Robert FEHRMAN et al. (2008)

 OPINION OF THE COURT

The order of the Appellate Division, insofar as appealed from, should be reversed, without costs, the proceeding to invalidate the nomination of Will Barclay dismissed and the injunction preventing the State Board and County Boards of Elections from placing Barclay's name on the ballot vacated.

On the facts of this case, Darrel Aubertine, a nonmember of the Independence Party, lacked standing to challenge that party's compliance with its own rules (see Matter of Nicolai v. Kelleher, 45 A.D.3d 960, 844 N.Y.S.2d 504 [3d Dept.2007];  Matter of Stempel v. Albany County Bd. of Elections, 97 A.D.2d 647, 469 N.Y.S.2d 156 [3d Dept.1983], affd. 60 N.Y.2d 801, 469 N.Y.S.2d 687, 457 N.E.2d 793 [1983] ).   Although, at a point before the first of these proceedings began, Aubertine had a bona fide claim to be the Independence Party's candidate for State Senator, events that preceded the start of the litigation eliminated any basis for such a claim.   While Aubertine asserted in pleadings below that he was the Independence Party candidate, he promptly abandoned that assertion;  he argued below and argues here that the Independence Party has not validly nominated any candidate.   Under these circumstances, Aubertine is not an “aggrieved candidate” within the meaning of Election Law § 16-102.

Order, insofar as appealed from, reversed, etc.

MEMORANDUM.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.