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MATTER OF DALY v. JAYNE

233 A.D.2d 960 (1996)

649 N.Y.S.2d 254

In the Matter of Robert A. Daly, Respondent, v. Douglas O. Jayne et al., Constituting The Niagara County Board of Elections, et al., Respondents, and Joseph Pillittere, as Candidate for Public Office of Member of Assembly of State of New York, 138th Assembly District, Appellant

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

November 8, 1996

Order unanimously affirmed without costs.

Memorandum:

On September 10, 1996, a primary election was held in certain portions of Niagara County for the Independence Party nomination for Member of the Assembly of the 138th Assembly District between Joseph Pillittere (respondent), the designated candidate, and petitioner, who waged a write-in campaign. The Niagara County Board of Elections (Board) found five write-in ballots cast for petitioner to be invalid...

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