Case Information

In the Matter of RICHARD DIETL, Appellant, v BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department

151 AD3d 504, 53 NYS3d 545

Order, Supreme Court, New York County (Debra A. James, J.), entered May 12, 2017, which denied the petition to correct a voter registration, and dismissed this proceeding brought pursuant to Election Law § 16-108, unanimously affirmed, without costs.

The court correctly found that, by checking two different political party affiliations on his application to register as a new voter in the City of New York, petitioner failed to enroll in any party (Election Law § 5-302 [3]). We reject petitioner's argument that respondent should have enrolled him in the party in which he had previously been enrolled, in Nassau County (see Election Law §§ 5-208 [4]; 5-304 [4]; Matter of Coopersmith v Ortutay, 76 AD3d 651 [2d Dept 2010]). Concur—Sweeny, J.P., Renwick, Andrias, Kapnick and Kahn, JJ.