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MATTER OF DeMARCO v. MONROE COUNTY BD. OF ELECTIONS

970 CAE 19-01765.

176 A.D.3d 1645 (2019)

107 N.Y.S.3d 907

2019 NY Slip Op 07207

In the Matter of John L. DeMarco, Appellant, v. Monroe County Board of Elections et al., Respondents.

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

COUCH WHITE, LLP, ALBANY ( JAMES WALSH OF COUNSEL), FOR PETITIONER-APPELLANT.

MICHAEL E. DAVIS , COUNTY ATTORNEY, ROCHESTER ( MATTHEW D. BROWN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS MONROE COUNTY BOARD OF ELECTIONS, COLLEEN ANDERSON AND DOUGLAS FRENCH, AS COMMISSIONERS CONSTITUTING THE BOARD.

SANTIAGO BURGER LLP, PITTSFORD ( MICHAEL A. BURGER OF COUNSEL), FOR RESPONDENT-RESPONDENT KYLE R. STEINEBACH, AS CANDIDATE FOR OFFICE OF MONROE COUNTY COURT.

MICHAEL T. ANSALDI , ROCHESTER, FOR RESPONDENT-RESPONDENT MICHAEL L. DOLLINGER, AS CANDIDATE FOR OFFICE OF MONROE COUNTY COURT.

Present—Whalen, P.J., Centra, Carni, DeJoseph and Curran, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to Election Law article 16 and CPLR article 78 seeking, inter alia, to invalidate the ballot with a three-column design that was proposed by respondent Monroe County Board of Elections (Board) for the office of Monroe County Court in the November 5, 2019 general...

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