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STEWART v. BD. OF ELECTIONS

No. 79

14 N.Y.3d 139 (2010)

924 N.E.2d 812

897 N.Y.S.2d 704

In the Matter of ROBERT T. STEWART, a Candidate for the Public Office of Chautauqua County Legislator, Seventh Legislative District, Respondent, v. CHAUTAUQUA COUNTY BOARD OF ELECTIONS et al., Respondents, and LEON H. BEIGHTOL et al., Appellants. In the Matter of LEON H. BEIGHTOL, a Candidate for the Public Office of Chautauqua County Legislator, Seventh Legislative District, Appellant, v. CHAUTAUQUA COUNTY BOARD OF ELECTIONS et al., Respondents, and NORMAN P. GREEN, Appellant. In the Matter of LEON H. BEIGHTOL, a Candidate for the Public Office of Chautauqua County Legislator, Seventh Legislative District, Appellant, v. CHAUTAUQUA COUNTY BOARD OF ELECTIONS et al., Respondents, and NORMAN P. GREEN, Appellant.

Court of Appeals of New York.

Decided February 23, 2010.

Attorney(s) appearing for the Case

Fessenden, Laumer & DeAngelo, Jamestown ( Charles S. DeAngelo of counsel), for Leon H. Beightol, appellant.

Law Offices of Michael Robert Cerrie, Dunkirk ( Michael Robert Cerrie of counsel), for Norman P. Green, appellant.

Goodell & Rankin, Jamestown ( Andrew W. Goodell of counsel), for Brian Abram, respondent.

Michael J. Sullivan , Fredonia, for Robert T. Stewart, respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

I.

These three related proceedings were commenced pursuant to article 16 of the Election Law following the general election for the position of Chautauqua County Legislator for the Seventh District. Robert T. Stewart, the Republican and Independence Party candidate, commenced the first proceeding challenging, as relevant here, one affidavit ballot on the ground that the...

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