TRACY HERMANN, APPELLANT- res, v. DUTCHESS COUNTY BOARD OF ELECTIONS, ET AL., res, ANTHONY M. LAROCCA, JR., res-res

MATTER OF TRACY HERMANN, APPELLANT- res, v. DUTCHESS COUNTY BOARD OF ELECTIONS, ET AL., res, ANTHONY M. LAROCCA, JR., res-res — (INDEX NO. 6804/13)In a proceeding pursuant to Election Law article 16, inter alia, to preserve for judicial review certain absentee ballots cast in a general election for the public office of Member of the Common Council, City of Poughkeepsie, 8th Ward, 3rd District, held on November 5, 2013, and to contest the casting and canvassing of those absentee ballots, Tracy Hermann appeals, as limited by his notice of appeal and brief, from so much of a final order of the Supreme Court, Dutchess County (Rosa, J.), dated December 5, 2013, as, after a hearing, denied those branches of the petition which were to prohibit the casting and canvassing of the absentee ballots included within Exhibits 1 and 2, and Anthony M. LaRocca, Jr., cross-appeals from so much of the same final order as granted those branches of the petition which were to prohibit the casting and canvassing of the absentee ballots included within Exhibits 4 and 5.

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MATTER OF TRACY HERMANN, APPELLANT- res, v. DUTCHESS COUNTY BOARD OF ELECTIONS, ET AL., res, ANTHONY M. LAROCCA, JR., res-res — (INDEX NO. 6804/13)In a proceeding pursuant to Election Law article 16, inter alia, to preserve for judicial review certain absentee ballots cast in a general election for the public office of Member of the Common Council, City of Poughkeepsie, 8th Ward, 3rd District, held on November 5, 2013, and to contest the casting and canvassing of those absentee ballots, Tracy Hermann appeals, as limited by his notice of appeal and brief, from so much of a final order of the Supreme Court, Dutchess County (Rosa, J.), dated December 5, 2013, as, after a hearing, denied those branches of the petition which were to prohibit the casting and canvassing of the absentee ballots included within Exhibits 1 and 2, and Anthony M. LaRocca, Jr., cross-appeals from so much of the same final order as granted those branches of the petition which were to prohibit the casting and canvassing of the absentee ballots included within Exhibits 4 and 5.

ORDERED that the final order is modified, on the law and the facts, by deleting the provision thereof denying that branch of the petition which was to prohibit the casting and canvassing of the absentee ballot included within Exhibit 1, and substituting therefor a provision granting that branch of the petition and directing the Dutchess County Board of Elections not to cast and canvass the absentee ballot included within Exhibit 1; as so modified, the final order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

TRACY HERMANN, APPELLANT- res, v. DUTCHESS COUNTY BOARD OF ELECTIONS, ET AL., res, ANTHONY M. LAROCCA, JR., res-res

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