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Holley v. Board of Elections

71 A.D.2d 846 Court N.Y. App. Div. Decision date 1979-08-29 English

Decision Majority · Dissent — Fein, J.,

Contents
p. 846
(August 29, 1979)
In the Matter of Sybil Holley et al., Petitioners, and Dennis Gardner, Appellant, v Board of Elections et al., Respondents. In the Matter of Carmen L. Perez et al., Petitioners, v Board of Elections et al., Respondents. In the Matter of Dennis Gardner, Appellant, v Board of Elections of the City of New York et al., Respondents. (And Another Action.) In the Matter of Carmen L. Perez, Petitioner, v Board of Elections et al., Respondents. In the Matter of Ada M. Torres et al., Petitioners, v Board of Elections et al., Respondents. In the Matter of Jose Melendez, Appellant, v Board of Elections et al., Respondents. In the Matter of Marcella R. Brown et al., Petitioners, v Alice Sachs et al., and Edward S. Hall, Respondents. In the Matter of Edward S. Hall, Appellant, v Board of Elections et al., Respondents.

—Judgment of August 27, 1979, Supreme Court, Bronx County, is modified in the exercise of discretion, without costs, to the extent of directing the Board of Elections to provide the appropriate means, whether paper ballots or machine, in its discretion, with appropriate and sufficient instructions in English and Spanish, to permit a write-in vote in accordance with the judgment and opinion appealed from. Concur— Kupferman, J. P., Birns, Sandler and Markewich, JJ.

dissents in part and would affirm on the opinion and judgment of Stecher, J., at Special Term.