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MATTER OF PROUD v. RELIN

176 A.D.2d 1197 (1991)

In the Matter of David G. Proud, Appellant-Respondent, v. Marguerite L. Relin et al., Constituting The Monroe County Board of Elections, Respondents, and John A. Stanwix et al., as Members of a Committee Authorized to Fill Vacancies, et al., Respondents-Appellants

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

October 4, 1991

Order modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: The court has the discretion to order an "opportunity to ballot" as justice requires where a candidate's designation has been invalidated by a technical defect (Matter of Harden v Board of Elections, 74 N.Y.2d 796; Matter of Hunting v Power, 20 N.Y.2d 680). Here, petitioner challenged...

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