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MATTER OF SMAJIC v. ONEIDA COUNTY BOARD OF ELECTIONS

1466.2 CAE 09-020.

66 A.D.3d 1529 (2009)

889 N.Y.S.2d 130

2009 NY Slip Op 7876

In the Matter of NEDZAD SMAJIC, Respondent, v. ONEIDA COUNTY BOARD OF ELECTIONS et al., Respondents, and FRANK VESCERA, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 30, 2009.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the petition is denied in its entirety.

Memorandum: Frank Vescera (respondent) appeals from an order that granted the petition in part and directed respondent Oneida County Board of Elections (Board) to count five emergency ballots cast in petitioner's favor in the September 15, 2009 Democratic primary election for the office of Councilman

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