Matter of Hunter v Orange County Bd. of Elections

Matter of Hunter v Orange County Bd. of Elections 2008 NY Slip Op 08073 [11 NY3d 813] October 23, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 17, 2008

[*1] In the Matter of Stephen R. Hunter, Respondent,
v
Orange County Board of Elections, Respondent, and Robert A. Onofry, Appellant.

Argued October 22, 2008; decided October 23, 2008

Matter of Hunter v Orange County Bd. of Elections, 55 AD3d 760, reversed.

APPEARANCES OF COUNSEL

Vincent J. Messina, Jr., Central Islip, for appellant.

Jonathan G. Jacobson, New Windsor, for Stephen R. Hunter, respondent.

David L. Darwin, County Attorney, Goshen (Sharon Worthy-Spiegl of counsel), for Orange County Board of Elections, respondent.

John Ciampoli, Albany, for Orange County Interim County Organization of the New York State Independence Party and another, amici curiae.

{**11 NY3d at 815} OPINION OF THE COURT

Order reversed, without costs, and matter remitted to Supreme Court, Orange County, with directions to dismiss the proceeding. Under the circumstances of this case, it would be impossible, if this Court were to entertain the merits, to render meaningful relief in compliance with the Election Law.

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