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MATTER OF WUSTRAU v. ACCORD FIRE DIST.

529993.

200 A.D.3d 1395 (2021)

160 N.Y.S.3d 418

2021 NY Slip Op 07320

In the Matter of Fred Wustrau, Respondent, v. Accord Fire District et al., Appellants.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

Pinsky Law Group, PLLC, Syracuse ( Bradley M. Pinsky of counsel), for appellants.

Kornfeld, Rew, Newman & Simeone, Suffern ( Scott A. Dow of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark and Aarons, JJ., concur.

On December 12, 2017, respondent Accord Fire District (hereinafter the District) conducted an election for the public office position of Fire Commissioner (hereinafter commissioner). An unofficial count of that election showed that a total of 110 voters cast eligible ballots, out of which 56 votes—a majority— were for...

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