Szumigala v. Niebel

Appellate Division of the Supreme Court of New York

Szumigala v. Niebel

126 A.D.2d 988, 511 N.Y.S.2d 705, 1987 N.Y. App. Div. LEXIS 42122

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 23, 1987

StatusPublished

This text of 126 A.D.2d 988 (Szumigala v. Niebel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Szumigala v. Niebel, 126 A.D.2d 988, 511 N.Y.S.2d 705, 1987 N.Y. App. Div. LEXIS 42122 (N.Y. Ct. App. 1987).

Pincite

Opinion

—Order unanimously reversed, without costs, and petition granted. Memorandum: Petitioner contends that the court erred in dismissing her petition to compel the Chautauqua County Board of Elections to canvass an emergency ballot. We agree.

Emergency ballots are provided for in Election Law § 7-120 (1) and are not subject to the requirements for absentee ballots set out in Election Law § 7-122. The emergency ballot here, being in "suitable form” (Election Law § 7-120 [1]), was improperly rejected. The ballot should be opened and canvassed. (Appeal from order of Supreme Court, Chautauqua County, Adams, J.—Election Law.) Present—Dillon, P. J., Callahan, Denman, Pine and Lawton, JJ. (Order entered Jan. 14, 1987.)

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—Order unanimously reversed, without costs, and petition granted. Memorandum: Petitioner contends that the court erred in dismissing her petition to compel the Chautauqua County Board of Elections to canvass an emergency ballot. We agree.

Emergency ballots are provided for in Election Law § 7-120 (1) and are not subject to the requirements for absentee ballots set out in Election Law § 7-122. The emergency ballot here, being in "suitable form” (Election Law § 7-120 [1]), was improperly rejected. The ballot should be opened and canvassed. (Appeal from order of Supreme Court, Chautauqua County, Adams, J.—Election Law.) Present—Dillon, P. J., Callahan, Denman, Pine and Lawton, JJ. (Order entered Jan. 14, 1987.)

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Bluebook (online)

126 A.D.2d 988, 511 N.Y.S.2d 705, 1987 N.Y. App. Div. LEXIS 42122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szumigala-v-niebel-nyappdiv-1987.

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