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Malone v. Rockland County Board of Elections
Citations: 110 A.D.3d 723; 973 N.Y.S.2d 235
Court: Appellate Division of the Supreme Court of the State of New York; October 2, 2013; New York; State Appellate Court
In an election law proceeding to invalidate absentee ballots from a primary election held on September 10, 2013, for the Working Families Party's nomination for Superintendent of Highways in Clarkstown, the petitioner appealed a final order from the Supreme Court of Rockland County dated September 24, 2013. The court effectively granted the motion by respondent Wayne T. Ballard to dismiss the petition, resulting in its dismissal. The appellate court affirmed the final order without costs or disbursements. The Supreme Court found that the petitioner's allegations of fraud were not sufficiently specific, failing to meet the requirements of CPLR 3016 (b). Additionally, the petition did not demonstrate that the absentee ballot applications violated Election Law § 8-400 (3)(c). Consequently, the respondents lacked adequate notice of the claims. During the hearing, the petitioner did not provide evidence to support claims of fraud regarding the collection of absentee ballots by Ballard. Furthermore, the absentee ballot application forms from the Rockland County Board of Elections complied with Election Law § 8-400. The judges, Chambers, J.P., Hall, Austin, and Miller, concurred in the decision.