| Matter of Boniello v Niagara County Bd. of Elections |
| 2015 NY Slip Op 06614 [131 AD3d 808] |
| August 19, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of David G. Boniello,
Appellant, v Niagara County Board of Elections et al., Respondents. (Appeal No. 2.) |
James Ostrowski, Buffalo, for petitioner-appellant.
Claude A. Joerg, County Attorney, Lockport, for respondents-respondents Niagara County Board of Elections and Lora Allen and Jennifer Fronczak, as Commissioners of Niagara County Board of Elections.
Michael J. Sullivan, Fredonia, for respondent-respondent Michael S. Gawel.
Appeal from an order of the Supreme Court, Niagara County (Mark Montour, J.), entered August 14, 2015 in a proceeding pursuant to Election Law article 16. The order, insofar as appealed from, denied and dismissed the petition and directed that the name of petitioner shall not be placed on the Republican Party primary ballot for the office of Niagara Falls City Court Judge.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of Boniello v Niagara County Bd. of Elections ([appeal No. 1] 131 AD3d 806, 2015 NY Slip Op 06613 [2015]). Present—Scudder, P.J., Lindley, Sconiers, Valentino and DeJoseph, JJ.