Legal Opinion
Ellis v. Eaton
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1988PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: In this declaratory judgment action, plaintiffs seek a declaration that the election of Ivan M. Eaton as Town Councilman of the Town of East Otto was illegal, void and a nullity. Plaintiffs allege that the voting machine malfunctioned during the general election held on November 5, 1985 and that the votes cast for competing candidates were not properly tallied. In dismissing the complaint, Special Term ruled that either quo warranto under Executive Law § 63-b or mandamus in a CPLR article 78 proceeding was the appropriate remedy. We…
2Cases cited11 opinions
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- MATTER OF TAYLOR v. SiseNew York Court of Appeals · 1974
- Greene v. . KnoxNew York Court of Appeals · 1903
- Anderson v. KrupsakNew York Court of Appeals · 1976
- Dykeman v. SymondsAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by5 opinions
- Skelos v. PatersonAppellate Division of the Supreme Court of the State of New York · 2009
- Duncan v. Board of Commissioners of Port Washington Police DistrictAppellate Division of the Supreme Court of the State of New York · 1994
- People v. DelgadoAppellate Division of the Supreme Court of the State of New York · 2003
- State v. EatonNew York Supreme Court · 1988
- Held v. HallNew York Supreme Court · 2002