Coviello v. Knapp
| Decision Date | 24 January 2012 |
| Citation | 937 N.Y.S.2d 305,91 A.D.3d 868,2012 N.Y. Slip Op. 00515 |
| Parties | In the Matter of Anthony COVIELLO, appellant, v. Frances KNAPP, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
2012 N.Y. Slip Op. 00515
91 A.D.3d 868
937 N.Y.S.2d 305
In the Matter of Anthony COVIELLO, appellant,
v.
Frances KNAPP, et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 24, 2012.
Background: In a proceeding to preserve for judicial review certain ballots cast in a general election for the public office of Highway Superintendent, and to contest the casting and canvassing or the refusal to cast those ballots, petitioner appealed from a final order of the Supreme Court, Dutchess County, Pagones, J., which denied that branch of the petition which was to prohibit the casting and canvassing of a certain absentee ballot designated as Exhibit 8, and denied that branch of the petition which was to direct the casting and canvassing of an alleged abandoned ballot.
Holdings: The Supreme Court, Appellate Division, held that:
(1) absentee ballot whose postmark could not be ascertained could not be cast and canvassed, and
(2) alleged “abandoned ballot” could not be cast and canvassed.
Affirmed as modified.
[937 N.Y.S.2d 305]
PETER B. SKELOS, J.P., JOHN M. LEVENTHAL, PLUMMER E. LOTT, and ROBERT J. MILLER, JJ.[91 A.D.3d 868] In a proceeding pursuant to Election Law article 16, inter alia, to preserve for judicial review certain ballots cast in a general election for the public office of Highway Superintendent of the Town of Beekman, and to contest the casting and canvassing or the refusal to cast those ballots, the petitioner Anthony Coviello appeals, as limited by his brief, from so much of a final order of the Supreme Court, Dutchess County (Pagones, J.), dated December 19, 2011, as denied that branch of the petition which was to prohibit the casting and canvassing of a certain absentee ballot designated as Exhibit 8, and denied that branch of the petition which was to direct the casting and canvassing of an alleged abandoned ballot designated as Exhibit 1.
ORDERED that the final order is modified, on the law, by deleting the provision thereof denying that branch of the petition which was to prohibit the casting and canvassing of the absentee ballot designated as Exhibit 8, and substituting therefor a provision granting that branch of the petition and directing the Dutchess County Board of Elections not to cast and canvass the absentee ballot designated as Exhibit 8; as so modified, the final order is affirmed
insofar as appealed from, without costs or disbursements.
[1] [91 A.D.3d 869] The Supreme...
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