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SZUMIGALA v. NIEBEL

126 A.D.2d 988 (1987)

Julie Szumigala, Appellant, v. Terry Niebel et al., Constituting The Chautauqua County Board of Elections, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 23, 1987

Order unanimously reversed, without costs, and petition granted.

Memorandum:

Petitioner contends that the court erred in dismissing her petition to compel the Chautauqua County Board of Elections to canvass an emergency ballot. We agree.

Emergency ballots are provided for in Election Law § 7-120 (1) and are not subject to the requirements for absentee ballots set out in Election Law § 7-122. The emergency ballot here, being in "suitable form...

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