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MTR. OF DELGADO v. SUNDERLAND

97 N.Y.2d 420 (2002)

767 N.E.2d 662

741 N.Y.S.2d 171

In the Matter of LARRY DELGADO, Respondent, v. CAROLEE SUNDERLAND et al., as Commissioners of Elections of the County of Westchester, et al., Respondents, and GLEN HOCKLEY, Appellant.

Court of Appeals of the State of New York.

Decided March 14, 2002.

Attorney(s) appearing for the Case

Adam T. Bradley, White Plains, for appellant.

John Ciampoli, Albany, Jeffrey M. Binder, White Plains, and David L. Lewis, New York City, for Larry Delgado, respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

In this dispute over the November 6, 2001 general election for three seats on the City of White Plains Common Council, petitioner Larry Delgado commenced this Election Law article 16 proceeding by order to show cause initially seeking the impoundment of all voting machines and ballots used in the election, and a recount. After the recount, the Westchester County Board of Elections determined that Glen Hockley was the third...

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