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(nomination remains valid)CivilCourt of AppealsAppeal

Matter of Ford v. Vitucci

Court
Appellate Division of the Supreme Court of the State of New York
Decided
Oct 2, 2026
Docket
2026-08329
Judges
Not listed
Cited as2026 NY Slip Op 05681
Detailed analysis & 3-line summary

AI breakdown

Analyzed Oct 2, 2026

Where this case stands

  1. Supreme Court: denied the petition to invalidate the nomination and the proceeding.

  2. This decision · Appeal

    (nomination remains valid)

TL;DR

  1. 1The case is about whether a judge's nomination for a New York election should be invalidated.
  2. 2The court decided to keep the nomination valid and on the ballot.
  3. 3The key reason was that there was no basis to disturb the original order.

Key issues

  1. 1

    Should the certificate of nomination be invalidated?

    Holding · No, the court the nomination is valid, as there was no reason to disturb the prior order.

Why it matters

This decision affects the upcoming election in New York City, ensuring the candidate's name remains on the ballot.

The AI breakdown is a reading aid, not legal advice. Always check the opinion for the exact wording.

If you were the judge?

Should a judge's nomination be invalidated in NYC?

  1. 1Some party members want to block a nomination for a new judge role.
  2. 2They say the nomination wasn't valid and want it off the ballot.
  3. 3The fight is over whether the certificate of nomination is legit.

Should the court throw out the nomination of a judge in New York?

Be the first juror

Parties

  • Appellant

    Matter of Ford

  • Appellee

    Vitucci

Roles are inferred from the case caption.

Opinion of the court
Matter of Ford v Vitucci 2026 NY Slip Op 05681 October 2, 2026 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. In the Matter of Kevin P. Ford, et al., appellants, v John A. Vitucci, et al., respondents-respondents, et al., respondents. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on October 2, 2026 2026-08329, (Index No. 527972/26) Colleen D. Duffy, J.P. Barry E. Warhit Lourdes M. Ventura Phillip Hom, JJ. [*1] DECISION & ORDER In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a certificate of nomination naming John A. Vitucci as the candidate of the Democratic Party for the public office of Judge of the Civil Court of the City of New York from the County of Richmond, 1st Municipal District, in a general election to be held on November 3, 2026, the petitioners appeal from a final order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated August 13, 2026. The final order denied the petition, inter alia, to invalidate the certificate of nomination and dismissed the proceeding. ORDERED that the final order is affirmed, without costs or disbursements. The factual and procedural background of this proceeding is set forth in this Court's decision and order on a related appeal (see Matter of Vitucci v Ford, ___ AD3d ___ [decided herewith]). On July 27, 2026, the petitioners commenced this proceeding, inter alia, to invalidate a certificate of nomination naming John A. Vitucci as the candidate of the Democratic Party for the newly created public office of Judge of the Civil Court of the City of New York from the County of Richmond, 1st Municipal District, in a general election to be held on November 3, 2026, and to permanently enjoin the Board of Elections in the City of New York from placing Vitucci's name upon the ballot. Allyn Crawford and Clifford Hagen, as officers of the Democratic District Committee of the Richmond County Democratic Committee for the 1st Municipal Court District of the Civil Court of the City of New York, opposed the petition, inter alia, to invalidate the certificate of nomination. In a final order dated August 13, 2026, the Supreme Court denied the petition, inter alia, to invalidate the certificate of nomination and dismissed the proceeding. The petitioners appeal. For the reasons set forth in Matter of Vitucci v Ford (___ AD3d ___ [decided herewith]), we find no basis to disturb the final order denying the petition, inter alia, to invalidate the certificate of nomination and dismissing the proceeding. DUFFY, J.P., WARHIT, VENTURA and HOM, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court
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