MATTER OF TYLEC v. IWANICKI


266 A.D.2d 886 (1999)

706 N.Y.S.2d 537

In the Matter of JOHN TYLEC, Respondent, v. JAMES IWANICKI, Appellant, et al., Respondents.

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

Decided November 12, 1999.


Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Petitioner commenced this proceeding pursuant to Election Law § 16-106 to validate an improperly placed write-in vote in favor of petitioner and find him the winner of the Independence Party primary election for the office of County Legislator, 9th District, County of Niagara. Supreme Court erred in granting the petition. Election Law § 8-308 (3) "mandates, in...

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