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MATTER OF BROWNSON v. ANDREWS

90 N.Y.2d 949 (1997)

687 N.E.2d 1327

665 N.Y.S.2d 44

In the Matter of Beth Brownson, Appellant, v. Russell Andrews and Onondaga County Board of Elections, Respondents.

Court of Appeals of the State of New York.

Decided October 16, 1997.

Attorney(s) appearing for the Case

McMahon, Kublick, McGinty & Smith, P. C., Syracuse (Jan S. Kublick of counsel), for appellant.

Thomas J. Spargo, East Berne, for Russell Andrews, respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the petition granted, the three write-in ballots at issue declared invalid, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

The courts below erred by validating the out-of-column write-in ballots. Write-in ballots for this primary election were to be written in column three. Here...

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