Matter of Helwig v Asklar

Matter of Helwig v Asklar 2015 NY Slip Op 06617 Decided on August 19, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 19, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., LINDLEY, SCONIERS, VALENTINO, AND DEJOSEPH, JJ.
885 CAE 15-01320

[*1]IN THE MATTER OF LARRY L. HELWIG, PETITIONER-RESPONDENT,

v

MICHAEL ASKLAR, RESPONDENT-APPELLANT, LORA ALLEN AND JENNIFER FRONCZAK, AS COMMISSIONERS OF NIAGARA COUNTY BOARD OF ELECTIONS, RESPONDENTS-RESPONDENTS, ET AL., RESPONDENTS.

JOSEPH F. TOWNSEND, LOCKPORT, JEROME D. SCHAD, WILLIAMSVILLE, FOR RESPONDENT-APPELLANT.

LAW OFFICE OF SHAWN P. NICKERSON, NORTH TONAWANDA (SHAWN P. NICKERSON OF COUNSEL), FOR PETITIONER-RESPONDENT.

CLAUDE A. JOERG, COUNTY ATTORNEY, LOCKPORT (JOSEPH BURNS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered August 6, 2015 in a proceeding pursuant to Election Law article 16. The order granted the petition in part and ordered the Niagara County Board of Elections to strike respondent Michael Asklar's name from the ballot for the 2015 primary and general elections as a Democratic Party candidate for the office of Niagara County Legislator, Seventh District.

It is hereby ORDERED that the order so appealed from is affirmed without costs for reasons stated in Matter of Angletti v Morreale (___ AD3d ___ [Aug. 19, 2015]).

All concur except scudder, P.J., and valentino, J., who dissent and vote to reverse the order insofar as appealed from and dismiss the petition in its entirety for reasons stated in the dissenting memorandum in Matter of Angletti v Morreale (___ AD3d ___ [Aug. 19, 2015]).

Entered: August 19, 2015

Frances E. Cafarell

Clerk of the Court