*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 887

CAE 15-01340

PRESENT: SCUDDER, P.J., LINDLEY, SCONIERS, VALENTINO, AND DEJOSEPH, JJ. IN THE MATTER OF DAVID G. BONIELLO,

PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER NIAGARA COUNTY BOARD OF ELECTIONS, LORA ALLEN

AND JENNIFER FRONCZAK, AS COMMISSIONERS OF

NIAGARA COUNTY BOARD OF ELECTIONS, AND

MICHAEL S. GAWEL, RESPONDENTS-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] ___ AD3d ___ [Aug. 19, 2015]).

Entered: August 19, 2015 Frances E. Cafarell

Clerk of the Court