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MATTER OF McENENY v. MEYERS

176 A.D.2d 1064 (1991)

In the Matter of John J. McEneny, Appellant, v. Richard M. Meyers et al., Respondents. (And Another Related Proceeding.)

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

October 17, 1991

Per Curiam.

In the primary election held on September 12, 1991, the race was between petitioner and respondent Richard M. Meyers (hereinafter respondent). On the night of the election, petitioner appeared to be the winner. However, after a recanvass of the votes by respondent Albany County Board of Elections (hereinafter the Board) the next day, the result was a tie. The difference in result was attributable to eight absentee ballots cast in the 4th election district...

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