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MATTER OF HUNTER v. ORANGE COUNTY BD. OF ELECTIONS

11 N.Y.3d 813 (2008)

In the Matter of STEPHEN R. HUNTER, Respondent, v. ORANGE COUNTY BOARD OF ELECTIONS, Respondent, and ROBERT A. ONOFRY, Appellant.

Court of Appeals of the State of New York.

October 23, 2008.

Attorney(s) appearing for the Case

Vincent J. Messina, Jr., Central Islip, for appellant.

Jonathan G. Jacobson, New Windsor, for Stephen R. Hunter, respondent.

David L. Darwin, County Attorney, Goshen (Sharon Worthy-Spiegl of counsel), for Orange County Board of Elections, respondent.

John Ciampoli, Albany, for Orange County Interim County Organization of the New York State Independence Party and another, amici curiae.

OPINION OF THE COURT

Order reversed, without costs, and matter remitted to Supreme Court, Orange County, with directions to dismiss the proceeding. Under the circumstances of this case, it would be impossible, if this Court were to entertain the merits, to render meaningful relief in compliance with the Election Law.

Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT...

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