Matter of Mejia v Board of Elections in the City of N.Y., 35 NY3d at 230 (2020)

2020 NY Slip Op 02995 [35 NY3d 1040]
May 21, 2020
Court of Appeals

[*1]

In the Matter of Joselin Mejia et al., Respondents,
v
Board of Elections in the City of New York, Appellant.
In the Matter of Mohammed Mujumder et al., Respondents, v Board of Elections in the City of New York, Appellant.

Submitted May 20, 2020; decided May 21, 2020

Matter of Mejia v Board of Elections in the City of N.Y., 183 AD3d 477, reversed.

Matter of Mujumder v Board of Elections in the City of N.Y., 183 AD3d 478, reversed.

{**35 NY3d at 230} OPINION OF THE COURT

Memorandum.

In each proceeding, the order of the Appellate Division should be reversed, without costs, and the petition to validate the designating petitions denied. For the reasons stated in Matter of Seawright v Board of Elections in the City of N.Y. (— NY3d — [2020] [decided herewith]), the failure to timely file a cover sheet accompanying a designating petition constitutes a fatal defect.

For each case: Order reversed, without costs, and petition to validate the designating petitions denied, in a memorandum.

Chief Judge DiFiore and Judges Stein, Fahey, Garcia and Feinman concur; Judge Wilson dissents for reasons stated in his dissenting opinion in Matter of Seawright v Board of Elections in the City of N.Y. and Matter of Hawatmeh v New York State Bd. of Elections (— NY3d — [2020] [decided today]); Judge Rivera taking no part.

[*2]