IN RE: Joselin MEJIA (2020)

Court of Appeals of New York.

IN RE: Joselin MEJIA, et al., Respondents, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Appellant.
IN RE: Mohammed Mujumder, et al., Respondents, v. Board of Elections in the City of New York, Appellant.

No. 59, No. 60

Decided: May 21, 2020

James E. Johnson, Corporation Counsel, New York City (Elina Druker of counsel), for appellant. Maldonado & Cruz, PLLC, Bronx (Angel Cruz of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

In each proceeding, the order of the Appellate Division should be reversed, without costs, and the petition to validate the designating petitions denied. For the reasons stated in Matter of Seawright v. Board of Elections in the City of New York, 35 N.Y.3d 227, 127 N.Y.S.3d 45, 150 N.E.3d 848 [decided herewith], the failure to timely file a cover sheet accompanying a designating petition constitutes a fatal defect.

For each case: Order reversed, without costs, and petition to validate the designating petitions denied, in a memorandum.

Chief Judge DiFiore and Judges Stein, Fahey, Garcia and Feinman concur. Judge Wilson dissents for reasons stated in his dissenting opinion in Matter of Seawright v. Board of Elections in the City of New York and Matter of Hawatmeh v. New York State Board of Elections (35 N.Y.3d 227, 127 N.Y.S.3d 45, 150 N.E.3d 848 [2020] ( [decided today] ). Judge Rivera took no part.

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