Opinion
July 20, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the appeal is dismissed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The appeal must be dismissed as the controversy is academic (see, Matter of Hanington v. Coveney, 62 N.Y.2d 640). Were we to reach the merits, we would find that, contrary to the appellant's contention, the Board of Elections properly invalidated certain absentee and emergency ballots which did not contain proper markings (see, Election Law § 9-112 Elec.; Minick v. Scranton, 145 Misc.2d 1006).
Bracken, J. P., Copertino, McGinity and Luciano, JJ., concur.