Tylec v. Iwanicki

—Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Petitioner commenced this proceeding pursuant to Election Law § 16-106 to validate an improperly placed write-in vote in favor of petitioner and find him the winner of the Independence Party primary election for the office of County Legislator, 9th District, County of Niagara. Supreme Court erred in granting the petition. Election Law § 8-308 (3) “mandates, in clear and unequivocal terms, that ‘[a] write-in ballot must be cast in its appropriate place on the machine, or it shall be void and not counted’ ”…