Ross v. State

• Decision Date: 18 October 2021
• Docket Number: 899.1 CAE 21-01300
• Citation: 2021 NY Slip Op 05663
• Parties: 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.
• Court: New York Supreme Court

2021 NY Slip Op 05663

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.

No. 899.1 CAE 21-01300

Supreme Court of New York, Fourth Department

October 18, 2021

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.