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MTR OF KOSMIDER v. WHITNEY

No. 41.

34 N.Y.3d 48 (2019)

132 N.E.3d 592

108 N.Y.S.3d 399

2019 NY Slip Op 04757

In the Matter of BETHANY KOSMIDER, Respondent, v. MARK WHITNEY, as Commissioner of the Essex County Board of Elections, Respondent, and ALLISON McGAHAY, as Commissioner of the Essex County Board of Elections, et al., Appellants.

Court of Appeals of New York.

Decided June 13, 2019.

Attorney(s) appearing for the Case

James E. Walsh , Ballston Spa, for Allison McGahay, appellant.

Daniel T. Manning , Essex County Attorney, Elizabethtown, for Randy Preston, appellant.

Law Office of Daniel R. Novack, New York City ( Daniel R. Novack of counsel), for Bethany Kosmider, respondent.

James E. Long , Albany, for Mark Whitney, respondent.

OPINION OF THE COURT

During the two years following an election, Election Law § 3-222(2) precludes examination of "voted ballots" absent a court order or legislative committee direction. Because electronic copies of ballots are no less protected from disclosure under section 3-222 during the relevant time frame...

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