General
In the Matter of Marion L. Dean, Appellant-Respondent, et al., Petitioners, v. Onondaga County Board of Elections, Constituting the Board of Canvassers of Onondaga County, et al., Respondents, and Kerry Mannion, Respondent-Appellant
245 A.D.2d 1144666 N.Y.S.2d 529·New York Supreme Court, Appellate Division·1997·NY
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Opinion
In the Matter of Marion L. Dean, Appellant-Respondent, et al., Petitioners, v Onondaga County Board of Elections, Constituting the Board of Canvassers of Onondaga County, et al., Respondents, and Kerry Mannion, Respondent-Appellant.
[666 NYS2d 529]
[MAJORITY]
—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.
[DISSENT — (Hayes, J., dissenting).]
(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.