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HAMM v. BD. OF ELECTIONS

2020-00990. Index No. 6165/19.

194 A.D.3d 73 (2021)

143 N.Y.S.3d 669

2021 NY Slip Op 08232

In the Matter of THEODORE HAMM, Appellant, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondent.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Theodore Hamm, Brooklyn, appellant pro se.

James E. Johnson , Corporation Counsel, New York City ( Elina Druker and Eric Lee of counsel), for respondent.

MASTRO, A.P.J., BARROS and CONNOLLY, JJ., concur.

OPINION OF THE COURT

This appeal presents a novel issue as to whether a private citizen is entitled to petition for access to affidavit ballots for the purpose of examination under Election Law § 3-222. We conclude that the petitioner, a journalist, lacked standing and capacity to commence this proceeding to permit the...

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