Smajic v. Oneida County Board of Elections

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered October 5, 2009 in a proceeding pursuant to the Election Law. The order, insofar as appealed from, denied the petition in part.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the petition is denied in its entirety.

Memorandum: Frank Vescera (respondent) appeals from an order that granted the petition in part and directed respondent Oneida County Board of Elections (Board) to count five emergency ballots cast in petitioner’s favor in the…