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In the Matter of Desean M. Cooper, Charles G. Masich, Dylan G. Quinlan v. Dennis E. Ward and Ralph M. Mohr

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


October 28, 2011

IN THE MATTER OF DESEAN M. COOPER, CHARLES G. MASICH, DYLAN G. QUINLAN,
JASON M. PAZDA, WENDY A. BICKNELL,
TIMOTHY R. HOAK, SANDRA J. ROSENSWIE, GLENN MCLAUGHLIN AND MARYRUTH MORRIS,
PETITIONERS-APPELLANTS,
v.
DENNIS E. WARD AND RALPH M. MOHR,
COMMISSIONERS OF AND CONSTITUTING ERIE COUNTY BOARD OF ELECTIONS,
DOUGLAS A. KELLNER, EVELYN J. AQUILA, JAMES A. WALSH AND GREGORY P. PETERSON,
COMMISSIONERS OF AND CONSTITUTING NEW YORK STATE BOARD OF ELECTIONS,
BARBARA MILLER WILLIAMS, KEVIN R. HARDWICK, SHELLY D. SCHRATZ, EDWARD A. RATH, MICHAEL W. COLE, LYNN D. DIXON, JOSEPH C. LORIGO, JOHN J. MILLS AND RAYMOND W. WALTER,
CANDIDATES, NEW YORK STATE INDEPENDENCE PARTY COMMITTEE,
NEW YORK STATE INDEPENDENCE PARTY EXECUTIVE COMMITTEE, FRANK MCKAY,
PRESIDING OFFICER OF, AND WILLIAM BOGARDT, SECRETARY OF,
A PURPORTED MEETING OF EXECUTIVE COMMITTEE OF
NEW YORK STATE INDEPENDENCE PARTY COMMITTEE,
RESPONDENTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered October 7, 2011 in a proceeding pursuant to Election Law § 16-102.

Matter of Cooper v Ward

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 28, 2011

PRESENT: CENTRA, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ.

The order, insofar as appealed from, dismissed the petition to invalidate certain certificates of nomination and certificates of authorization.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: October 28, 2011

Patricia L. Morgan Clerk of the Court

20111028

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