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Ross v. State

Supreme Court of New York, Appellate Division, Fourth Department
Oct 18, 2021
No. 2021-05663 (N.Y. App. Div. Oct. 18, 2021)

Opinion

2021-05663

10-18-2021

WILLIAM L. ROSS, JOSHUA WALKER, NIAGARA COUNTY COMMITTEE OF THE CONSERVATIVE PARTY, CONSERVATIVE PARTY OF NEW YORK AND GERARD KASSAR, PLAINTIFFS-APPELLANTS, v. STATE OF NEW YORK, BOARD OF ELECTIONS OF STATE OF NEW YORK, GOVERNOR OF STATE OF NEW YORK, SENATE OF STATE OF NEW YORK, MAJORITY LEADER AND PRESIDENT PRO TEMPORE OF SENATE OF STATE OF NEW YORK, ASSEMBLY OF STATE OF NEW YORK, MAJORITY LEADER OF ASSEMBLY OF STATE OF NEW YORK, SPEAKER OF ASSEMBLY OF STATE OF NEW YORK, NIAGARA COUNTY BOARD OF ELECTIONS, DEFENDANTS-RESPONDENTS, MINORITY LEADER OF SENATE OF STATE OF NEW YORK, AND MINORITY LEADER OF ASSEMBLY OF STATE OF NEW YORK, DEFENDANTS-APPELLANTS. JENNIFER SANDONATO, REPUBLICAN COMMISSIONER OF NIAGARA COUNTY BOARD OF ELECTIONS, APPELLANT.

WOODS OVIATT GILMAN LLP, BUFFALO (WILLIAM F. SAVINO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. MESSINA, PERILLO AND HILL, LLP, SAYVILLE (JOHN CIAMPOLI OF COUNSEL), FOR DEFENDANTS-APPELLANTS. FUSCO LAW OFFICE, ALBANY (ADAM M. FUSCO OF COUNSEL), FOR APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANTS-RESPONDENTS STATE OF NEW YORK, GOVERNOR OF STATE OF NEW YORK, SENATE OF STATE OF NEW YORK, MAJORITY LEADER AND PRESIDENT PRO TEMPORE OF SENATE OF STATE OF NEW YORK, ASSEMBLY OF STATE OF NEW YORK, MAJORITY LEADER OF ASSEMBLY OF STATE OF NEW YORK, AND SPEAKER OF ASSEMBLY OF STATE OF NEW YORK. JOHN J. DELMONTE, NIAGARA FALLS, FOR DEFENDANT-RESPONDENT NIAGARA COUNTY BOARD OF ELECTIONS.


WOODS OVIATT GILMAN LLP, BUFFALO (WILLIAM F. SAVINO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

MESSINA, PERILLO AND HILL, LLP, SAYVILLE (JOHN CIAMPOLI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

FUSCO LAW OFFICE, ALBANY (ADAM M. FUSCO OF COUNSEL), FOR APPELLANT.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANTS-RESPONDENTS STATE OF NEW YORK, GOVERNOR OF STATE OF NEW YORK, SENATE OF STATE OF NEW YORK, MAJORITY LEADER AND PRESIDENT PRO TEMPORE OF SENATE OF STATE OF NEW YORK, ASSEMBLY OF STATE OF NEW YORK, MAJORITY LEADER OF ASSEMBLY OF STATE OF NEW YORK, AND SPEAKER OF ASSEMBLY OF STATE OF NEW YORK.

JOHN J. DELMONTE, NIAGARA FALLS, FOR DEFENDANT-RESPONDENT NIAGARA COUNTY BOARD OF ELECTIONS.

PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

Appeals from an amended judgment (denominated amended order) of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered September 10, 2021. The amended judgment, inter alia, denied the motion of plaintiffs for summary judgment.

It is hereby ORDERED that said appeal by Jennifer Sandonato, Republican Commissioner of Niagara County Board of Elections is unanimously dismissed (see Matter of Cox v Spoth, 165 A.D.3d 1648, 1649 [4th Dept 2018]) and the amended judgment is affirmed without costs for reasons stated at Supreme Court.


Summaries of

Ross v. State

Supreme Court of New York, Appellate Division, Fourth Department
Oct 18, 2021
No. 2021-05663 (N.Y. App. Div. Oct. 18, 2021)
Case details for

Ross v. State

Case Details

Full title:WILLIAM L. ROSS, JOSHUA WALKER, NIAGARA COUNTY COMMITTEE OF THE…

Court:Supreme Court of New York, Appellate Division, Fourth Department

Date published: Oct 18, 2021

Citations

No. 2021-05663 (N.Y. App. Div. Oct. 18, 2021)