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MATTER OF STEWART v. CHAUTAUQUA COUNTY BOARD OF ELECTIONS

1.1 CAE 09-02590

69 A.D.3d 1298 (2010)

894 N.Y.S.2d 249

2010 NY Slip Op 210

In the Matter of ROBERT T. STEWART, a Candidate for the Public Office of Chautauqua County Legislator, Seventh Legislative District, Appellant-Respondent, v. CHAUTAUQUA COUNTY BOARD OF ELECTIONS, Respondent, BRIAN ABRAM, Commissioner, Chautauqua County Board of Elections, Appellant-Respondent, and NORMAN P. GREEN, Commissioner, Chautauqua County Board of Elections et al., Respondents-Appellants. (Proceeding No. 1.) In the Matter of LEON H. BEIGHTOL, a Candidate for the Public Office of Chautauqua County Legislator, Seventh Legislative District, Respondent-Appellant, v CHAUTAUQUA COUNTY BOARD OF ELECTIONS, Respondent, BRIAN ABRAM, Commissioner, Chautauqua County Board of Elections, Appellant-Respondent, NORMAN P. GREEN, Commissioner, Chautauqua County Board of Elections, Respondent-Appellant, and ROBERT T. STEWART, Appellant-Respondent. (Proceeding No. 2.) In the Matter of LEON H. BEIGHTOL, a Candidate for the Public Office of Chautauqua County Legislator, Seventh Legislative District, Respondent-Appellant, v CHAUTAUQUA COUNTY BOARD OF ELECTIONS, Respondent, BRIAN ABRAM, Commissioner, Chautauqua County Board of Elections, Appellant-Respondent, NORMAN P. GREEN, Commissioner, Chautauqua County Board of Elections, Respondent-Appellant, and ROBERT T. STEWART, Appellant-Respondent. (Proceeding No. 3.)

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

Decided January 12, 2010.

It is hereby ordered that the cross appeal taken by respondent-petitioner Leon H. Beightol from the order insofar as it directed the opening of the two absentee ballots is dismissed and the order is modified on the law by vacating the first ordering paragraph and invalidating the J.K. affidavit ballot and by vacating the fourth ordering paragraph and validating the two unread optical scan ballots from the Town of Poland and as modified the order is affirmed without costs...

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