Ross v State of New York
2021 NY Slip Op 05663 [198 AD3d 1384]
October 18, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 1, 2021


[*1] (October 18, 2021)

William L. Ross et al., Appellants,
v
State of New York et al., Respondents, and Minority Leader of Senate of State of New York et al., Appellants. Jennifer Sandonato, Republican Commissioner of Niagara County Board of Elections, Appellant.

Woods Oviatt Gilman LLP, Buffalo (William F. Savino of counsel), for plaintiffs-appellants.

Messina, Perillo and Hill, LLP, Sayville (John Ciampoli of counsel), for defendants-appellants.

Fusco Law Office, Albany (Adam M. Fusco of counsel), for appellant.

Letitia James, Attorney General, Albany (Brian D. Ginsberg of counsel), for defendants-respondents State of New York and others.

John J. Delmonte, Niagara Falls, for defendant-respondent Niagara County Board of Elections.

Appeals from an amended judgment (denominated amended order) of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered September 10, 2021. The amended judgment, inter alia, denied the motion of plaintiffs for summary judgment.

It is hereby ordered that said appeal by Jennifer Sandonato, Republican Commissioner of Niagara County Board of Elections is unanimously dismissed (see Matter of Cox v Spoth, 165 AD3d 1648, 1649 [4th Dept 2018]) and the amended judgment is affirmed without costs for reasons stated at Supreme Court (2021 NY Slip Op 32094[U] [2021]). Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.