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Hunter v. Orange County Board of Elections

11 N.Y.3d 813 Court N.Y. Decision date 2008-10-23 English

Contents

Majority

p. 813
[897 NE2d 1071, 868 NYS2d 588]
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
p. 814
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.
p. 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.