Matter of Cooper v Ward
2011 NY Slip Op 07667 [88 AD3d 1308]
October 28, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


In the Matter of Desean M. Cooper et al., Appellants, v Dennis E. Ward et al., Commissioners of and Constituting Erie County Board of Elections, et al., Respondents.

[*1] Jerome D. Schad, Williamsville, for petitioners-appellants.

Emilio Colaiacovo, Buffalo, Kevin Gibbons and Ronald Bennett, Holland, for respondents-respondents Barbara Miller Williams, Kevin R. Hardwick, Shelly D. Schratz, Edward A. Rath, Michael W. Cole, Lynn D. Dixon, Joseph C. Lorigo, John J. Mills and Raymond W. Walter, Candidates.

Law Offices of James E. Walsh, Schenectady (James E. Walsh of counsel), for respondents-respondents New York State Independence Party Committee, New York State Independence Party Executive Committee, Frank McKay, Presiding Officer of and William Bogardt, Secretary of, a Purported Meeting of Executive Committee of New

York State Independence Party Committee.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered October 7, 2011 in a proceeding pursuant to Election Law § 16-102. The order, insofar as [*2]appealed from, dismissed the petition to invalidate certain certificates of nomination and certificates of authorization.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Carni, Lindley, Sconiers and Green, JJ.