FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 9/04/08

The New York Court of Appeals is back in session and FINDLAW(free registration) has its first report on decisions of interest:


Windy Ridge Farm v. Assessor of the Town of Shandaken, No. 190 SSM 19
Dismissal of a civil action for failure to join necessary parties is affirmed where: 1) the expiration of a statute of limitations was not a jurisdictional defect preventing the summoning of the parties by the court, but rather an affirmative defense; and 2) the parties in question were therefore subject to the jurisdiction of the courts and the cause was subject to dismissal for failure to join them as necessary parties.

In the Matter of Barron, No. 189
In an action to compel the Board of Elections to conduct elections to fill a vacancy created in a state assembly district when its representative was convicted of various felonies, an order requiring that elections for the remainder of the member’s unexpired term and the next regular term be held simultaneously at the next general election is reversed and dismissal ordered where the relevant statute clearly stated that no election was to be held to fill the office for the remainder of the unexpired term.