IN THE MATTER OF STEIN v. DeGRACE


21 A.D.3d 512 (2005)

800 N.Y.S.2d 223

In the Matter of JEFFREY M. STEIN, as Democratic Commissioner of the Nassau County Board of Elections, Appellant, v. JOHN A. DeGRACE, as Republican Commissioner of the Nassau County Board of Elections, Respondent.

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

August 17, 2005.


Ordered that the final order is affirmed insofar as appealed from, without costs or disbursements.

Election Law § 7-108 (1) provides, "[u]pon ballots for a general election, the offices shall be listed in the customary order." The Supreme Court properly found, as a matter of fact, that the ballot in Nassau County has customarily listed candidates for the public office of Member of the Nassau County Legislature in the last ballot column (see Election Law...

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