IN RE: Emilia RODRIGUEZ

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

IN RE: Emilia RODRIGUEZ, Petitioner-Appellant, v. Dennis E. WARD and Ralph M. Mohr, as Commissioners of Erie County Board of Elections, Betty Calvo-Torres, Candidate, and Corrin Matthews, Objector, Respondents-Respondents.

Decided: August 22, 2007

PRESENT:  SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND PINE, JJ. Matthew P. Pynn, P.C., Lockport (Matthew P. Pynn Of Counsel), for Petitioner-Appellant. Anthony L. Fumerelle, Buffalo, for Respondent-Respondent Betty Calvo-Torres, Candidate. Lovallo & Williams, Buffalo (Joseph A. Ables, Jr., Of Counsel), for Respondent-Respondent Corrin Matthews, Objector.

 Petitioner commenced this proceeding seeking to validate her designating petition for the office of City Court Judge for the City of Buffalo in the Democratic primary election to be held on September 18, 2007.   Supreme Court properly dismissed the petition.   Petitioner failed to provide the requisite proof that service was effectuated in accordance with the terms of the order to show cause (see generally Matter of Gershel v. Porr, 89 N.Y.2d 327, 331, 653 N.Y.S.2d 82, 675 N.E.2d 836), and the court therefore lacked personal jurisdiction over respondents (see Matter of Phillips v. Sanfilippo, 306 A.D.2d 954, 955, 761 N.Y.S.2d 574, lv. denied 100 N.Y.2d 507, 763 N.Y.S.2d 813, 795 N.E.2d 39).   In any event, the petition also was properly dismissed on the ground that it failed to “specify the individual determinations of [the Erie County] [B]oard of [E]lections that [petitioner] claims were erroneous, including the signatures that [she] claims were improperly invalidated” (Matter of Jennings v. Board of Elections of City of N.Y., 32 A.D.3d 486, 486, 819 N.Y.S.2d 487, lv. denied 7 N.Y.3d 707, 821 N.Y.S.2d 812, 854 N.E.2d 1276).

 Even assuming, arguendo, that service was properly effectuated and that the petition sufficiently set forth the allegedly erroneous determinations of the Erie County Board of Elections, we nevertheless are unable to determine the merits of petitioner's contentions inasmuch as the record on appeal is incomplete.   Petitioner, “as the appellant, ․ must suffer the consequences” of submitting an incomplete record (Matter of Santoshia L., 202 A.D.2d 1027, 1028, 609 N.Y.S.2d 724).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: