Kubiniec v. Mahoney

Order unanimously, affirmed, without costs. Memorandum: Petitioner, the Republican, Conservative and Liberal candidate, appeals from an order of Supreme Court, Erie County, dismissing his petition to enjoin the Erie County Board of Elections from conducting a drawing to determine ballot placement for the position of Associate Judge of the City Court of Buffalo. The court also vacated the temporary restraining order against the board and ordered, as soon as practicable, a drawing for ballot position to be held between the two Democratic candidates for the position. The board improperly allowed…