| Matter of Dietl v Board of Elections in the City of N.Y. |
| 2017 NY Slip Op 04573 [151 AD3d 504] |
| June 8, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Richard Dietl, Appellant, v Board of Elections in the City of New York, Respondent. |
Law Office of Martin E. Connor, Brooklyn (Martin E. Connor of counsel), for appellant.
Raphael Savino and Steven H. Richman, New York, for respondent.
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.