Matter of Jenelle L. Messer v John P. Adams

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Matter of Messer v Adams 2006 NY Slip Op 00257 [25 AD3d 1069] January 18, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 22, 2006

In the Matter of Jenelle L. Messer, Respondent-Appellant, v John P. Adams, Appellant-Respondent, et al., Respondent.

—[*1]Appeal and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered December 9, 2005 in an Election Law proceeding. The order, insofar as appealed and cross-appealed from, adjudged that one of two contested absentee ballots should be counted for petitioner and another absentee ballot was void in its entirety.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Scudder, J.P., Kehoe, Martoche, Smith and Pine, JJ.