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MATTER OF NICHOLS v. HOCHUL

Index No. 154213/22, Appeal No. 16230, Case No. 2022-02301.

206 A.D.3d 463 (2022)

170 N.Y.S.3d 70

2022 NY Slip Op 03809

In the Matter of Paul Nichols et al., Appellants, v. Kathy Hochul, as Governor, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 10, 2022.

Attorney(s) appearing for the Case

Walden Macht & Haran LLP, New York (Jim Walden, of counsel) for appellants.

Letitia James, Attorney General, New York (Andrea W. Trento of counsel), for Governor Kathy Hochul, respondent.

Phillips Lytle LLP, Buffalo (Craig R. Bucki, of counsel) for Speaker of the Assembly Carl Heastie and Senate Minority Leader and President Pro Tempore of the Senate Andrea Stewart-Cousins, respondents.

Brian Quail, Albany, for New York State Board of Elections, respondent.

Concur—Kapnick, J.P., Friedman, Moulton, Shulman, Pitt, JJ.

Supreme Court properly denied the petition to the extent it seeks to obtain a new state assembly map for use in the 2022 assembly elections. To this extent, the petition, which includes a request for an order delaying the 2022 assembly primary election to August or September 2022, is barred by the doctrine of laches, given petitioners' unreasonable and prejudicial delay in bringing this proceeding. The request for a delay of the 2022 assembly primary elections is denied in...

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