MATTER OF BROWN v. ERIE COUNTY BD. OF ELECTIONS

876.1 CAE 21-01234.

197 A.D.3d 1503 (2021)

154 N.Y.S.3d 176

2021 NY Slip Op 05014

In the Matter of Byron W. Brown, Respondent, v. Erie County Board of Elections et al., Respondents, et al., India B. Walton, Appellant.

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

Decided September 16, 2021.


Attorney(s) appearing for the Case

DOLCE FIRM, BUFFALO ( SEAN E. COONEY OF COUNSEL), FOR RESPONDENT-APPELLANT.

BRYAN L. SELLS, LLC, ATLANTA, GEORGIA ( BRYAN L. SELLS , OF THE GEORGIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND STROOCK & STROOCK & LAVAN LLP, NEW YORK CITY, FOR PETITIONER-RESPONDENT.

Present—Smith, J.P., Centra, Lindley and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition is dismissed, the declaration is vacated and the second decretal paragraph is vacated.

Memorandum: Petitioner unsuccessfully sought the Democratic Party nomination for the office of Mayor of the City of Buffalo in the primary election held on June 22, 2021. He subsequently collected signatures on an independent nominating petition for that office...

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