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ELLIS v. EATON

136 A.D.2d 890 (1988)

James Ellis, as Republican Candidate for The Office of Town Councilman, et al., Appellants, v. Ivan M. Eaton et al., Respondents

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

January 29, 1988

Order unanimously affirmed without costs.

Memorandum:

In this declaratory judgment action, plaintiffs seek a declaration that the election of Ivan M. Eaton as Town Councilman of the Town of East Otto was illegal, void and a nullity. Plaintiffs allege that the voting machine malfunctioned during the general election held on November 5, 1985 and that the votes cast for competing candidates were not properly tallied. In dismissing the complaint, Special Term...

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