Ward v. Mahoney

— Order unanimously reversed on the law without costs, petition granted and respondent Pauly’s cross motion denied. Memorandum: On August 21, 1989, independent nominating petitions were filed with the Erie County Board of Elections (Board) seeking to place five candidates on the ballot for various offices in the Town of Amherst on the independent line of the Evergreen Party, whose symbol is an evergreen tree. Later that same day, independent nominating petitions for candidates for many of those same town offices were filed by the Indepen*992dent-Citizens Party, utilizing as its symbol an…