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Sunday, November 22, 2009

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LEGISLATURE

Terranova has one line in 5th District

NEWS STAFF REPORTER

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Diane M. Terranova’s name will be on the Nov. 3 Democratic line for the Erie County Legislature’s 5th District seat, but not on the Independence Party line, judges with the Fourth Department of the State Appellate Division announced Friday.

The ruling by the division, seated in Rochester, upheld part of a ruling last week by State Supreme Court Justice Diane Y. Devlin that Terranova was to be added on both ballot lines. In her ruling, the judge also noted Legislator Kathy Konst of Lancaster “attempted to have her [Konst’s] name removed from the ballot by contacting the Board of Elections,” after her appointment Aug. 17 as the county’s commissioner of environment and planning.

Appellate judges ruled that Terranova must be removed from the Independence line because party officials objected and because Terranova is not an Independence Party member, her lawyer, Jerome D. Schad, said Friday night.

The court decision sets up a contest between Terranova and Dino J. Fudoli, the Republican nominee. Terranova, a Lancaster resident and former top aide to County Comptroller Mark C. Poloncarz, was appointed to serve the remainder of Konst’s term when Konst took her new job.

In another ruling, the appellate judges extended the margin of victory of Michael J. Abramo in his Independence Party primary for Erie County comptroller.

The ruling involved a challenge to some paper ballots in the race, and means that Abramo won with with 936 votes, to 924 votes for Philip C. Kadet.

Kadet is on the Republican and Conservative lines.

Poloncarz is running for reelection on the Democratic and Working Families lines.

mgryta@buffnews.com


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