In the Matter of Liberty Election Systems LLC v New York State Board of Elections et and Douglas A. Kellner et



In the Matter of Liberty Election Systems LLC v New York State Board of Elections et and Douglas A. Kellner et
Motion No: 504120
Slip Opinion No: 2008 NYSlipOp 64372(U)
Decided on February 8, 2008
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: February 8, 2008

Case # 504120


In the Matter of LIBERTY ELECTION SYSTEMS, LLC,

Respondent,

v
NEW YORK STATE BOARD OF ELECTIONS et al.,

Respondents,

and
DOUGLAS A. KELLNER et al.,

Appellants.


DECISION AND ORDER
ON MOTION

Application for preference.

Upon the papers filed in support of the application and the papers filed in response thereto, it is

ORDERED that the application is granted, without costs, and the appeal is set down for the February 2008 term of this Court. Appellants shall file and serve, by personal service, the record on appeal and their brief on or before February 13, 2008. Respondents shall file and serve, by personal service, their briefs on or before February 19, 2008. The reply brief, if any, shall be filed and served, by personal service, on or before February 20, 2008.
CARDONA, P.J., SPAIN, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court