MATTER OF CONSTANCE M. KEPERT, APPELLANT- res, v. MICHAEL A. LOGUERCIO, JR., RESPONDENTAPPELLANT res — (PROCEEDING NO. 3) (INDEX NOS. 30846/13, 30849/13, 31262/13)In three related proceedings pursuant to Election Law article 16 to preserve for judicial review certain ballots cast in a general election for the public offices of, inter alia, Councilmember, 4th Council District, Town of Brookhaven, held on November 5, 2013, and to contest the casting and canvassing of those ballots or the refusal to cast and canvass those ballots, Constance M. Kepert appeals, as limited by her brief, from so much of a final order of the Supreme Court, Suffolk County (MacKenzie, J.), dated December 10, 2013, as, after a hearing, in effect, denied that branch of the petition in Proceeding No. 3 which was to prohibit the casting and canvassing of the ballot designated as Exhibit 2 in that proceeding and directed the Suffolk County Board of Elections to cast and canvass that ballot, and, in effect, denied those branches of the petition which were to direct the casting and canvassing of ballots designated as Exhibits 3, 8, 15, 17, 19, 20, 21, 23, and 24 in that proceeding and directed the Suffolk County Board of Elections not to cast and canvass those ballots, and Michael A. Loguercio, Jr., cross-appeals, as limited by his notice of appeal and brief, from so much of the same final order as, in effect, granted those branches of the petition in Proceeding No. 3 which were to direct the casting and canvassing of ballots designated as Exhibits 6, 12, 13, 14, 16, and 22 in that proceeding and directed the Suffolk County Board of Elections to cast and canvass those ballots.
ORDERED that the final order is modified, on the law and the facts, (1) by deleting the provisions thereof, in effect, denying that branch of the petition in Proceeding No. 3 which was to prohibit the casting and canvassing of the absentee ballot designated as Exhibit 2 in that proceeding and directing the Suffolk County Board of Elections to cast and canvass that ballot, and substituting therefor a provision granting that branch of the petition and directing the Suffolk County Board of Elections not to cast and canvass the absentee ballot designated as Exhibit 2, and (2) by deleting the provisions thereof, in effect, denying those branches of the petition in Proceeding No. 3 which were to direct the casting and canvassing of the ballots designated as Exhibits 3, 15, 19, 20, 21, 23, and 24 and directing the Suffolk County Board of Elections not to cast and canvass those ballots, and substituting therefor a provision granting those branches of the petition and directing the Suffolk County Board of Elections to cast and canvass the ballots designated as Exhibits 3, 15, 19, 20, 21, 23, and 24; as so modified, the final order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
