| Matter of Krowe v Westchester County Board of Elections |
| Motion No: 2017-11223 |
| Slip Opinion No: 2017 NY Slip Op 91328(U) |
| Decided on November 2, 2017 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M240894
T/jr
SANDRA L. SGROI, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2017-11223 In the Matter of Elliot Krowe, appellant, v Westchester County Board of Elections, et al., respondents. (Index No. 68141/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Westchester County, entered October 31, 2017, to stay all proceedings to relocate the polling place for Election Districts 16, 17, 29, and 33 from the Town of Yorktown Town Hall to alternative polling places for a general election to be held on November 7, 2017, and to stay any construction that would impede access to the Town of Yorktown Town Hall, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the branch of the motion which is for leave to appeal to this Court is denied as unnecessary, as the order is appealable as of right; and it is further,
ORDERED that the motion is otherwise denied as academic in light of our determination of the appeal (see Matter of Krowe v Westchester County Board of Elections, _____ AD3d _____ [2d Dept Nov. 2, 2017]).
SGROI, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court