Appellate Division of the Supreme Court of New York, 1997

In re Marion L.

In re Marion L.
Appellate Division of the Supreme Court of New York · Decided December 31, 1997 · Hayes
245 A.D.2d 1144; 666 N.Y.S.2d 529; 1997 N.Y. App. Div. LEXIS 13997
In re Marion L.

Opinion of the Court

—Judgment affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that petitioner’s contention on appeal that exhibit 6 was not properly canvassed is not preserved for our review.

All concur except Hayes, J., who dissents in part and votes to modify in the following Memorandum.

Dissenting Opinion

(Hayes, J., dissenting).

Because exhibit 6 does not conform with Election Law § 9-112, I conclude that the ballot should not have been counted for Kerry Mannion (respondent). Therefore, I would modify the judgment by granting that part of the petition seeking to invalidate the counting of that ballot for respondent. (Appeal from Judgment of Supreme Court, Onondaga County, Major, J.—Election Law.) Present—Pine, J. P., Lawton, Hayes, Wisner and Boehm, JJ.

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