By Barros, J.P.; Chambers, Wooten, Ventura, JJ.
IN THE MATTER OF RICHARD DIONISIO, pet/plf-res, v. RONALD BELMONT, res/def-app-res, MARK JAFFE, res/def-res-app, ET AL., res/def — (Index No. 70755/23) Adam T. Bradley (Cozen O’Connor, New York, NY [Jerry H. Goldfeder], of counsel), for respondent/defendant-appellant-respondent. Stanley Kalmon Schlein, Bronx, NY, for respondent/defendant-respondent-appellant. Perillo Hill LLP, Sayville, NY (John Ciampoli of counsel), for petitioner/plaintiff-respondent. In a hybrid proceeding, inter alia, pursuant to Election Law article 16 and CPLR article 78 in the nature of prohibition to prohibit the respondent/defendant Westchester County Board of Elections from canvassing or counting any votes cast for the respondent/defendant Ronald Belmont in the general election held on November 7, 2023, for the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison, and action for a judgment declaring that the respondent/defendant Ronald Belmont is ineligible to hold the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison under Local Law No. 3-2022 of the Town of Harrison and Local Law No. 2-2022 of the Village of Harrison, respectively, in which the respondent/defendant Mark Jaffe cross-petitioned/cross-claimed, inter alia, for a judgment declaring that the respondent/defendant Ronald Belmont is ineligible to hold the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison under Local Law No. 3-2022 of the Town of Harrison and Local Law No. 2-2022 of the Village of Harrison, respectively, and to direct that a new general election be held for the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison between the petitioner/plaintiff and the respondent/defendant Mark Jaffe, the respondent/defendant Ronald Belmont appeals, and the respondent/defendant Mark Jaffe cross-appeals, from an order and judgment (one paper) of the Supreme Court, Westchester County (Lewis J. Lubell, J.), dated December 21, 2023. The order and judgment, insofar as appealed from, denied the motion of the respondent/defendant Ronald Belmont to dismiss the petition/complaint, declared that the respondent/defendant Ronald Belmont is ineligible to hold the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison under Local Law No. 3-2022 of the Town of Harrison and Local Law No. 2-2022 of the Village of Harrison, respectively, granted that branch of the petition which was to prohibit the respondents/defendants Town of Harrison, Village of Harrison, and Jackie Greer from accepting and filing an oath of office from the respondent/defendant Ronald Belmont for the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison, and directed the respondent/defendant Westchester County Board of Elections to certify the results of the general election held on November 7, 2023, for the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison. The order and judgment, insofar as cross-appealed from, directed the respondent/defendant Westchester County Board of Elections to certify the results of the general election held on November 7, 2023, for the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison, and, in effect, denied that branch of the cross-petition of the respondent/defendant Mark Jaffe which was to direct that a new general election be held for the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison between the petitioner/plaintiff and the respondent/defendant Mark Jaffe. ORDERED that the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements. Ronald Belmont held the public offices of Supervisor of the Town of Harrison and Mayor of the Village of Harrison (hereinafter Supervisor/Mayor) for 10 years, from 2012 to 2021. On January 1, 2022, Richard Dionisio was sworn in as Supervisor/Mayor. On August 18, 2022, the Town Board of the Town of Harrison and the Village Board of the Village of Harrison (hereinafter together the Town/Village Boards) adopted Local Law No. 3-2022 of the Town of Harrison and Local Law No. 2-2022 of the Village of Harrison, respectively. Those local laws provided, in relevant part, that “no person shall be eligible to be elected, appointed or otherwise hold the office of [Supervisor/Mayor] if that person has previously held such office for a total of five (5) terms, a maximum of ten (10) years” (hereinafter together the term limits laws).
