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MATTER OF DEAN v. ONONDAGA COUNTY BD. OF ELECTIONS

245 A.D.2d 1144 (1997)

666 N.Y.S.2d 529

In the Matter of Marion L. Dean, Appellant-Respondent, et al., Petitioners, v. Onondaga County Board of Elections, Constituting The Board of Canvassers of Onondaga County, et al., Respondents, and Kerry Mannion, Respondent-Appellant

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

December 31, 1997

Judgment affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court. We add only that petitioner's contention on appeal that exhibit 6 was not properly canvassed is not preserved for our review.

(Hayes, J., dissenting).

Because exhibit 6 does not conform with Election Law § 9-112, I conclude that the ballot should not have been counted for Kerry Mannion (respondent). Therefore, I would...

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