Opinion
Argued August 30 1995
Decided August 31, 1995
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Mario J. Rossetti, J.
Jasen, Jasen Sampson, Buffalo (Mark Matthew Jasen of counsel), for appellant.
Offermann, Cassano, Pigott Greco, Buffalo (Eugene F. Pigott, Jr., of counsel), for Ralph M. Mohr, a Commissioner of the Erie County Board of Elections, respondent.
Albrecht, Maguire, Heffern Gregg, P.C., Buffalo (John M. Curran of counsel), for Harold W. Schroeder, respondent.
Kenneth A. Schoetz, County Attorney of Erie County, Buffalo, for Erie County Board of Elections, respondent.
Order reversed and order of Supreme Court, Erie County, reinstated for the reasons stated in the opinion by Justice Mario J. Rossetti at Supreme Court ( 162 Misc.2d 584).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.