Johnson v. Lopez-Torres

*696In a proceeding pursuant to Election Law article 16, inter alia, for a re-canvass of certain affidavit ballots cast in the Democratic Party primary election for the public office of Surrogate, County of Kings, held on September 13, 2005, the petitioner, Diana A. Johnson, appeals from a final order of the Supreme Court, Queens County (Leach, J.), dated October 11, 2005, which, after a hearing, denied the petition and declared that Margarita Lopez-Torres was the winner in that primary election.

Ordered that the final order is reversed, on the law, without costs or disbursements, the petition is…