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MTR OF KOSMIDER v. WHITNEY

CV16-0265.

56 Misc.3d 354 (2017)

2017 NY Slip Op 27021

46 N.Y.S.3d 403

In the Matter of BETHANY KOSMIDER, Petitioner, v. MARK WHITNEY et al., as Commissioners of the Essex County Board of Elections, et al., Respondents.

Supreme Court, Essex County.

Decided January 19, 2017.

Attorney(s) appearing for the Case

Bryan Liam Kennelly for petitioner.

James E. Long for Mark Whitney, as Commissioner of the Essex County Board of Elections, respondent.

James Walsh for Allison McGahay, as Commissioner of the Essex County Board of Elections, respondent.

Daniel T. Manning, III , County Attorney, for William B. Ferebee, as Chairman of the Board of Supervisors of Essex County, respondent.

OPINION OF THE COURT

In this CPLR article 78 proceeding, the court must interpret Election Law § 3-222, entitled, "Preservation of ballots and records of voting machines," and decide whether, under that section, copies of electronic voting ballot images are public records subject to release under the Freedom...

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