New York Court of Appeals February 15, 2008 (Alessio v. Carey)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed without costs and the case remitted to that Court for the consideration of issues raised, but not determined, on the appeal below.

Contrary to the Appellate Division’s view, Supreme Court did have subject matter jurisdiction over this special proceeding, brought pursuant to Election Law § 16-106 (5).