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HOBLOCK v. ALBANY COUNTY BD. OF ELECTIONS

Docket Nos. 04-5876-CV(L), 04-5993-CV(XAP).

422 F.3d 77 (2005)

William M. HOBLOCK, Candidate for Albany County Legislator for the 26th District, and Lee R. Carman, Candidate for Albany County Legislator for the 29th District, Plaintiffs-Appellees-Cross-Appellants, Philip Sgarlata, Patricia Sgarlata, John Stewart, Carol Stewart, Mary Maybee and Ellen Graziano, and other voters similarly situated, Plaintiffs-Appellees, v. The ALBANY COUNTY BOARD OF ELECTIONS, Defendant-Appellant-Cross-Appellee, Richard A. Gross, Candidate for Albany County Legislator for the 26th District, and Gene Messercola, Candidate for Albany County Legislator for the 29th District, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 2, 2005.

Attorney(s) appearing for the Case

Tom Marcelle, Albany, New York, for Plaintiffs-Appellees.

Michael C. Lynch, Albany County Attorney's Office, Albany, New York, for Defendant-Appellant.

Before: WALKER, Chief Judge, CARDAMONE and B.D. PARKER, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Because of litigation in state and federal courts, winners have yet to be declared in an election for two seats in the Albany County, New York, Legislature first scheduled for November 2003 and not held until April 2004. Appellant, the Albany County Board of Elections, would like to declare the winners, and the New York Court of Appeals has instructed the Board to exclude certain absentee...

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