IN RE: Michael Parietti (2014)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Michael Parietti, et al., petitioners- respondents, v. Christian G. Sampson, etc., et al., appellants, Rockland County Board of Elections, et al., respondents.

2013–04544 (Index No. 2257 /12)

Decided: May 14, 2014

RANDALL T. ENG, P.J. ROBERT J. MILLER SYLVIA O. HINDS–RADIX JOSEPH J. MALTESE, JJ.

Michael L. Klein, Town Attorney, Suffern, N.Y., for appellants. Michael Parietti, Suffern, N.Y., and Robert Romanowski, Monsey, N.Y., petitioners-respondents pro se (one brief filed). Thomas E. Humbach, County Attorney, New City, N.Y. (Thomas Simeti of counsel), for respondents (no brief filed).

Submitted—March 25, 2014

DECISION & ORDER

In a proceeding, in effect, pursuant to Election Law article 16 to validate a petition to hold a referendum on a proposition to establish a ward system for the election of members to the Town Council of the Town of Ramapo, Christian G. Sampson, as the Town Clerk of the Town of Ramapo, and the Town of Ramapo, appeal, by permission, from an order of the Supreme Court, Rockland County (Garvey, J.), dated March 7, 2013, which, inter alia, denied their motion to dismiss the petition as time-barred.

ORDERED that the order is affirmed, with costs to the petitioners-respondents.

For the reasons stated in a companion appeal (see Matter of Parietti v. Sampson, _ AD3d _ [Appellate Division Docket No. 2013–04537; decided herewith] ), the appellants' sole contention on this appeal is without merit.

ENG, P.J., MILLER, HINDS–RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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