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Smith, Buss & Jacobs, LLP, Yonkers, NY (Robert A. Spolzino of counsel), for
appellant.
ORDERED that the order is reversed, on the law, without costs or disbursements, and
the petitioner/plaintiffs motion to preliminarily enjoin the respondent/defendant Westchester County
Board of Elections from relocating the polling place for Election Districts 16, 17, 29, and 33 from
the Town of Yorktown Town Hall to alternative polling places for the general election to be held on
November 7, 2017, and to enjoin the respondents/defendants Town of Yorktown and Town of
Moreover, the petitioner has demonstrated that irreparable harm would result if the
polling place were relocated, particularly at this late date, and that the balance of equities is in his
favor.
Accordingly, the Supreme Court should have granted the petitioners motion for a
preliminary injunction (see CPLR 6301; see generally Nobu Next Door, LLC v Fine Arts Hous., Inc.,
4 NY3d 839, 840).
Aprilanne Agostino
Clerk of the Court