Appellate Division: Second Judicial Department

M182230

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2014-09293 In the Matter of Michael Parietti, et al., respondents, v Town of Ramapo, et al., appellants. (Index No. 1712/14)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to direct the Rockland County Board of Elections to preserve certain material relating to the September 30, 2014, Town of Ramapo special election, pending hearing and determination of an appeal from a judgment of the Supreme Court, Rockland County, dated October 7, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that (1) the Rockland County Board of Elections is directed to preserve ballots, voting records, and election materials relating to the September 30, 2014, Town of Ramapo special election, (2) the ballots, voting records, and election materials relating to the September 30, 2014, Town of Ramapo special election shall not be destroyed; and (3) the Sheriff of Rockland County, or the Sheriff's agent, shall continue to ensure that those items are secured pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 3, 2014, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 3, 2014, the Court, on its own motion, may vacate the directives in the foregoing paragraph without

further notice, or the respondents may move to vacate the directives in the foregoing paragraph, on three days notice.

SKELOS, J.P., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court