Majority
p. 1092(Appeal No. 1.)
In the Matter of Stephen DiMaggio, Respondent, v J. K. Cicotti, as Candidate for the Office of First Ward City Councilor, Appellant, and Angela Longo et al., Constituting the Oneida County Board of Elections, et al., Respondents.
Memorandum: The Oneida County Board of Elections failed to follow statutory procedure when it canceled the registration of a voter who had successfully applied for a military ballot (Election Law § 10-109 [3], [6]). Further, respondent’s arguments that the voter was not qualified to vote in the First Ward of Rome are without merit. The voter, a technical sergeant in the Air Force, lived in the First Ward for seven years while stationed at Griffiss Air Force Base. Although he is now stationed in Texas, he files a New York State Tax return and he unequivocally states his intention to return to
p. 1093
Rome when he retires from the military. He is thus qualified to vote as a resident of Rome (Matter of Altimari v Meisser, 16 NY2d 629 , revg 23 AD2d 865 , affg 45 Misc 2d 1008 ). Thus, Supreme Court properly ordered the ballot canvassed. (Appeal from Order of Supreme Court, Oneida County, Tenney, J.— Election Law.) Present — Denman, P. J., Green, Pine, Lawton and Doerr, JJ. (Order entered Jan. 15, 1992.)
Cases cited
- Altimari v. Meisser 16 NY2d 629 p. 1093
- Altimari v. Meisser 23 AD2d 865 p. 1093
- Altimari v. Meisser 45 Misc 2d 1008 p. 1093