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MATTER OF KOWAL v. MOHR

419 CAE 23-00703.

216 A.D.3d 1472 (2023)

188 N.Y.S.3d 845

2023 NY Slip Op 02480

In the Matter of Spencer Kowal et al., Respondents, v. Ralph Mohr et al., Commissioners of the Erie County Board of Elections, Respondents, and Letitia James, Attorney General of the State of New York, Intervenor-Appellant.

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

Decided May 9, 2023.

Attorney(s) appearing for the Case

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (SARAH L. ROSENBLUTH OF COUNSEL), FOR INTERVENOR-APPELLANT.

LAW OFFICE OF JOSEPH T. BURNS, PLLC, WILLIAMSVILLE (JOSEPH T. BURNS OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

Present—Smith, J.P., Lindley, Bannister, Ogden and Greenwood, JJ.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered April 10, 2023, in a proceeding pursuant to Election Law article 16. The order and judgment, inter alia, declared that chapter 480 of the Laws of 2021 is unconstitutional.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the petition, vacating the second decretal paragraph and the three ordering...

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