MATTER OF UPSTATE JOBS PARTY v. CZARNY

969 CA 19-01633.

175 A.D.3d 1780 (2019)

106 N.Y.S.3d 925

2019 NY Slip Op 06689

In the Matter of Upstate Jobs Party et al., Appellants, v. Dustin M. Czarny et al., Respondents.

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

September 23, 2019.


Attorney(s) appearing for the Case

SANTIAGO BURGER LLP, PITTSFORD ( MICHAEL A. BURGER OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-APPELLANTS.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN D. GINSBERG OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS PETER S. KOSINSKI, NEW YORK STATE BOARD OF ELECTIONS CO-CHAIR COMMISSIONER, DOUGLAS A.

GREGORY P. PETERSON , NEW YORK STATE BOARD OF ELECTIONS COMMISSIONER.

ROBERT A. DURR , COUNTY ATTORNEY, SYRACUSE ( YVETTE VELASCO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS DUSTIN M. CZARNY, ONONDAGA COUNTY BOARD OF ELECTIONS COMMISSIONER, AND MICHELE L. SARDO, ONONDAGA COUNTY BOARD OF ELECTIONS COMMISSIONER.

Present—Whalen, P.J., Peradotto, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by reinstating the amended petition-complaint to the extent that it seeks a declaration and granting judgment in favor of respondents-defendants as follows:

It is adjudged and declared that Election Law § 7-104 (4) has not been shown to be unconstitutional, and as modified the order and judgment is affirmed without costs.

Memorandum: Petitioners-plaintiffs...

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