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IN THE MATTER OF BRILLIANT v. GAMACHE

25 A.D.3d 605 (2006)

808 N.Y.S.2d 728

In the Matter of ELIZABETH BRILLIANT, Respondent-Appellant, v. DAVID GAMACHE et al., Respondents, WILLIAM BEALE, Respondent-Appellant, and ROBERT VALDATI, Appellant-Respondent.

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

January 17, 2006.

Ordered that the final order is modified, on the law and the facts, by deleting the provision thereof sustaining the objection to the absentee ballot containing a pen mark characterized as "underlining" beneath the names of three candidates for the public office of State Supreme Court Justice and substituting therefor a provision overruling that objection and directing the Board of Elections for the County of Dutchess to canvass and count that absentee ballot; as so modified...

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