MATTER OF CARNEY v. DAVIGNON


289 A.D.2d 1096 (2001)

735 N.Y.S.2d 263

In the Matter of MICHAEL P. CARNEY, Appellant-Respondent, v. WILLIAM M. DAVIGNON et al., Respondents-Appellants.

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

Decided December 21, 2001.


Order unanimously affirmed without costs.

Memorandum:

Petitioner and William M. Davignon (respondent) were candidates for the Niagara County Legislature, Ninth Legislative District, during the November 6, 2001 general election. After a canvass and recanvass of the ballots, respondent had two more votes than petitioner, and petitioner commenced this proceeding challenging 14 ballots. Supreme Court invalidated nine ballots and validated five ballots, resulting...

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