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MTR. OF ROE v. PALMER

101 Misc.2d 1051 (1979)

In the Matter of Stanley H. Roe, Petitioner, v. Camilla Palmer et al., Respondents.

Supreme Court, Madison County.

December 10, 1979.

Attorney(s) appearing for the Case

LeRoy Hodge for petitioner. Harold F. Simons for Inspectors for Elections, respondents. William L. Burke for Commissioners of Elections, respondents. Thomas J. Spargo for Robert B. Palmiter, respondent.

HOWARD A. ZELLER, J.

This is a proceeding, pursuant to section 16-106 of the Election Law, to declare valid two affidavit emergency ballots and to direct the board of elections to include them in the final canvass of votes cast on November 6, 1979 for the office of Supervisor in the Town of Hamilton. On November 21, 1979 a canvass of the election results made by the board of elections showed 667 votes for Robert B. Palmiter and 666 votes

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