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CAVALIER v. WARREN COUNTY BD. OF ELECTIONS

536148.

210 A.D.3d 1131 (2022)

178 N.Y.S.3d 217

2022 NY Slip Op 06095

Richard Cavalier et al., Appellants, v. Warren County Board of Elections et al., Respondents, et al., Defendants.

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

Decided November 1, 2022.

Attorney(s) appearing for the Case

Liberty Justice Center, Chicago, Illinois ( Daniel R. Suhr of counsel, admitted pro hac vice) and The Glennon Law Firm, PC, Rochester ( Peter J. Glennon of counsel), for appellants.

Barclay Damon LLP, Albany ( Daniel J. Martucci of counsel), for Warren County Board of Elections, respondent.

Robert G. Behnke , County Attorney, Binghamton, for Broome County Board of Elections, respondent.

Letitia James , Attorney General, Albany ( Sarah L. Rosenbluth of counsel), in her statutory capacity under Executive Law § 71.

Egan Jr., J.P., Lynch, Aarons, Pritzker and Fisher, JJ., concur.

Appeal (upon transfer from the Court of Appeals) from an order of the Supreme Court (Martin D. Auffredou, J.), entered September 19, 2022, in Warren County, which, among other things, granted motions by defendant Warren County Board of Elections and the Attorney General to dismiss the complaint.

Under the NY Constitution, "[t]he [L...

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