Matter of Fasoldt v Bugbee

Matter of Fasoldt v Bugbee 2009 NY Slip Op 06302 [13 NY3d 726] August 26, 2009 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 7, 2009

[*1] In the Matter of Flora Fasoldt et al., Respondents,
v
Lawrence Bugbee et al., Constituting the Rensselaer County Board of Elections, et al., Respondents, and Christopher N. Consuello et al., Appellants. (Proceeding No. 1.)

In the Matter of James Brearton et al., Respondents, v Lawrence Bugbee et al., Constituting the Rensselaer County Board of Elections, et al., Respondents, and Christopher N. Consuello et al., Appellants. (Proceeding No. 2.)

Argued August 25, 2009; decided August 26, 2009

Matter of Fasoldt v Bugbee, 65 AD3d 806, reversed.

Matter of Brearton v Bugbee, 65 AD3d 806, reversed.

APPEARANCES OF COUNSEL

David L. Gruenberg, Troy, for appellants in the first and second above-entitled proceedings.

Thomas V. Kenney, Jr., Troy, for respondents in the first and second above-entitled proceedings.

{**13 NY3d at 727} OPINION OF THE COURT

Order reversed and proceedings dismissed (see Matter of Cass v Krakower, 13 NY3d 118 [2009] [decided today]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.