Order unanimously affirmed without costs.
Memorandum:
On November 5, 1991 an election was held for the office of Town Councilman of the Town of Wheatfield. Following a canvass of the vote, the Board of Elections certified the election as a tie. Petitioner, a candidate for the office, commenced the instant proceeding pursuant to article 16 of the Election Law, challenging the Board's refusal to cast and count one absentee ballot. Supreme Court dismissed the...
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