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IN THE MATTER OF HOYT v. DEWITT

18 Misc.3d 540 (2007)

849 N.Y.S.2d 747

In the Matter of PETER C. HOYT, as a Candidate for the Office of Town Councilperson of the Town of Caroline, Petitioner, v. STEPHEN DEWITT et al., as Commissioners of the Tompkins County Board of Elections, et al., Respondents.

Supreme Court, Tompkins County.

December 18, 2007.

Attorney(s) appearing for the Case

Paul N. Tavelli, Ithaca, for petitioner.

Jonathan Wood, County Attorney, Ithaca, for Stephen Dewitt and another, respondents.

Schlather, Geldenhuys, Stumbar & Salk, Ithaca (Diane V. Bruns of counsel), for Steve Nicholson, respondent.

OPINION OF THE COURT

ROBERT C. MULVEY, J.

The question presented in this proceeding pursuant to article 16 of the Election Law is whether an affidavit ballot cast at the November 6, 2007 election should be opened and counted. The petitioner seeks a determination that the ballot should not be opened because the date set forth in three locations on the affidavit ballot envelope was November 7, 2007.

The...

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