IN RE: Everly Brown

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

IN RE: Everly Brown, appellant, v. Board of Elections in City of New York, respondent, Hersh K. Parekh, et al., respondents-respondents.

2011–07622 (Index No. 17766/11)

Decided: September 07, 2011

PETER B. SKELOS, J.P. JOHN M. LEVENTHAL LEONARD B. AUSTIN ROBERT J. MILLER, JJ.

Argued—September 6, 2011

DECISION & ORDER

In a proceeding pursuant to Election Law § 16–102, inter alia, to validate a petition designating Everly Brown as a candidate in a primary election to be held on September 13, 2011, for the nomination of the Democratic Party as its candidate for the public office of District Attorney for the County of Queens, the petitioner appeals from a final order of the Supreme Court, Queens County (Flug, J.), dated August 9, 2011, which, after a hearing, denied the petition and, in effect, dismissed the proceeding.

ORDERED that the final order is affirmed, without costs or disbursements.

The petitioner is not qualified to hold the public office of District Attorney for the County of Queens, since he is not an attorney admitted to practice law in the State of New York or any other jurisdiction (see Matter of Curry v. Hosley, 86 N.Y.2d 470, 475).   Accordingly, the Supreme Court properly denied the petition and, in effect, dismissed the proceeding.

The parties' remaining contentions either are without merit or need not be reached in light of our determination.

SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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