Matter of Fuchs v Park, 2022 NY Slip Op 03191 [205 AD3d 849]

May 12, 2022

Appellate Division, Second Department

[*1]

In the Matter of Abraham M. Fuchs, Appellant,

v

Mary Myungsun M. Park et al., Respondents.

In a proceeding pursuant to Election Law § 16-102, inter alia, to validate so much of a petition as designated Abraham M. Fuchs as a candidate in a primary election to be held on June 28, 2022, for the nomination of the Democratic Party as its candidate for the public office of Member of the New York State Assembly for the 25th Assembly District, Abraham M. Fuchs appeals from a final order of the Supreme Court, Queens County (Tracy Catapano-Fox, J.), dated April 28, 2022. The final order denied the petition, inter alia, to validate and dismissed the proceeding, without prejudice, for failure to demonstrate proof of service of process upon the respondents.

Ordered that the appeal is dismissed, without costs or disbursements.

After the Supreme Court issued its final order in this proceeding, Abraham M. Fuchs commenced a second, timely proceeding to validate so much of a designating petition as designated him as a candidate. In light of our determination in a related appeal addressing that second validation proceeding ( see Matter of Fuchs v Park , 205 AD3d 849 [2022] [decided herewith]), we dismiss this appeal as academic. Duffy, J.P., Connolly, Christopher and Ford, JJ., concur..