Kolb v. Casella

I disagree with the majority’s determination of several issues and therefore respectfully dissent in part. In my view, the casting and canvassing of the ballots in Yates County was ongoing when Justice Harvey granted the stay on February 11, 2000, and therefore the ballots *968canvassed on February 18, 2000 should be counted in the special election for the 129th Assembly District held on February 1, 2000 (see, Election Law § 9-209 [2] [d]; cf., Matter of Luck v Fisk, 243 AD2d 812, 813, affd 90 NY2d 979).

I also disagree with the majority’s conclusion that the ballots of three voters should not be…