Giglia v. Carlsen

Order unanimously modified, on the law, by reinstating the petition insofar as it requests review, pursuant to section 412 (subd 2, par [6], cl b) of the Election Law, of the emergency ballot of Gary Nelson, and otherwise order affirmed, without costs, and matter remitted to Supreme Court, Erie County, for a new hearing in accordance with the following memorandum: This is an appeal from an order of Special Term, Erie County, which dismissed petitioner-appellant’s motion pursuant to subdivision 4 of section 330 of the Election Law (1) to recanvass certain absentee ballots cast in the general…