On October 23, the New York State Court of Appeals reversed the State Supreme Court, Appellate Division, in the dispute over the Independence Party primary in Orange County for Surrogate’s Court Judge.

At the September primary, the results had been 222 votes for Robert Onofry, and 213 votes for Stephen Hunter. The State Supreme Court, Appellate Division, had ruled the primary invalid, since in eight precincts, no voter signed in as having voted in the Independence Party’s primary, yet votes were cast and counted in that primary. In seven other precincts, there were 17 more votes cast than there were voters who signed in. The State Supreme Court, Appellate Division, had said the primary was hopelessly inaccurate and had ordered a new primary.

But the Court of Appeals cancelled the new primary. Its ruling is only two sentences long. It says, “Order reversed, without costs, and matter remitted to Supreme Court, Orange County, with directions to dismiss the proceeding. Under the circumstances of this case, it would be impossible, if this Court were to entertain the merits, to render meaningful relief in compliance with the Election Law.” The case is “In the Matter of Stephen R. Hunter”, no. 217.