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MTR. OF KOLODZIEJ v. NIEBEL

175 Misc.2d 361 (1997)

669 N.Y.S.2d 146

In the Matter of Robert H. Kolodziej, Petitioner, v. Terry Niebel et al., as Election Commissioners, et al., Respondents.

Supreme Court, Chautauqua County.

November 28, 1997

Attorney(s) appearing for the Case

Michael J. Sullivan for petitioner. Michael P. Smith for Terry Niebel, respondent. Joseph Porpiglia, respondent pro se. Stephen M. Abdella for Chautauqua County Board of Elections, respondent. Ward, Brenon & Divita (Dennis E. Ward of counsel), for Sally Pullano, respondent. Brautigam & Brautigam, L. L. P. (Daryl P. Brautigam of counsel), for Westley J. McEntarfer and others, respondents.

JOSEPH GERACE, J.

Respondent McEntarfer received his absentee ballot, as an approved physically disabled voter. As she had done in prior elections, his wife delivered the completed ballot to the polling place in his election district on Election Day. The ballot was accepted by the inspector at the polling place.

The statute provides that an absentee ballot may be mailed to the Board (if postmarked no...

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