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MATTER OF GIAMBRONE v. ALBERICO

179 A.D.2d 1090 (1992)

In the Matter of Joseph C. Giambrone, Respondent, v. Claudine Alberico, as Candidate for The Office of 30th District Oneida County Legislator, Appellant, and Angela Longo et al., Constituting The Oneida County Board of Elections, et al., Respondents

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

January 31, 1992

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not err in declaring a purported recanvass on November 22, 1991 null and void. The election took place on November 5, 1991, at which time 50 affidavit ballots were voted. Those ballots were returned, unopened, to the Board of Elections (Election Law § 9-104 [1] [b]; §§ 9-124, 9-209). On November 7th, the Board of Elections conducted...

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