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ROSS v. STATE OF NEW YORK

899.1 CAE 21-01300.

198 A.D.3d 1384 (2021)

152 N.Y.S.3d 864

2021 NY Slip Op 05663

William L. Ross et al., Appellants, v. State of New York et al., Respondents, and Minority Leader of Senate of State of New York et al., Appellants. Jennifer Sandonato, Republican Commissioner of Niagara County Board of Elections, Appellant.

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

Decided October 18, 2021.

Attorney(s) appearing for the Case

WOODS OVIATT GILMAN LLP, BUFFALO ( WILLIAM F. SAVINO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

MESSINA, PERILLO AND HILL, LLP, SAYVILLE ( JOHN CIAMPOLI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

FUSCO LAW OFFICE, ALBANY ( ADAM M. FUSCO OF COUNSEL), FOR APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANTS-RESPONDENTS STATE OF NEW YORK, GOVERNOR OF STATE OF NEW YORK, SENATE OF STATE OF NEW YORK, MAJORITY LEADER AND PRESIDENT PRO TEMPORE OF SENATE OF STATE OF NEW YORK, ASSEMBLY OF STATE OF NEW YORK, MAJORITY LEADER OF ASSEMBLY OF STATE OF NEW YORK, AND SPEAKER OF ASSEMBLY OF STATE OF NEW YORK.

JOHN J. DELMONTE , NIAGARA FALLS, FOR DEFENDANT-RESPONDENT NIAGARA COUNTY BOARD OF ELECTIONS.

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

It is hereby ordered that said appeal by Jennifer Sandonato, Republican Commissioner of Niagara County Board of Elections is unanimously dismissed (see Matter of Cox v Spoth, 165 A.D.3d 1648, 1649 [4th Dept 2018]) and the amended judgment is affirmed without costs for reasons stated at Supreme Court (2021 NY Slip Op 32094...

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