| Matter of McMahan v Erie County Bd. of Elections |
| 2019 NY Slip Op 04313 [172 AD3d 1948] |
| May 30, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Melanie A. McMahan,
Appellant, v Erie County Board of Elections, Respondent, et al., Respondent. |
Housh Law Offices, PLLC, Buffalo (Frank T. Housh of counsel), for petitioner-appellant.
Michael A. Siragusa, County Attorney, Buffalo (Jeremy C. Toth of counsel), for respondent-respondent.
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered May 2, 2019, in a proceeding pursuant to Election Law article 16. The order upheld the determination of respondent Erie County Board of Elections and adjudged that petitioner candidate Melanie A. McMahan will not appear on the primary election ballot for the Democratic Party as a candidate for the City of Buffalo Common Council.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in Matter of Craig v Borrero (172 AD3d 1944 [4th Dept 2019]). Present—Centra, J.P., Carni, DeJoseph, NeMoyer and Winslow, JJ.