F EXf I IE RSTONFIAIJGH WILEY & CLYNE, LLP

ATTORNEYS AND COUNSELLORS AT LAW

99 PINE STREET ALBANY, NEW YORK 12207 WEBSITE: FWC-LAW.COM

FRANK 0. bARE fgh@fwc-law.com PHONE: (518)436-0786

FAX: (518) 427-0452

November 14, 2012

Judge Guy P. Tomlinson County of Montgomery 58 Broadway, Room 50 Fonda, New York 12068 Re: Amedore v. Peterson Index No.: 2012-887 Dear Judge Tomlinson: I write in regard to the letter of Davis L. Lewis, attorney for petitioner in the above referenced election law proceeding, dated November 14, 2012, in response to the Courts supplemental Order issued on November 13, 2012.
th I believe that a telephone conference, prior to this Friday, November 16 at 4:30 p.m. is necessary to apprise your Honor of the status of the work completed by the respective Boards of Elections to date and the number of paper ballots received by the Boards to be canvassed. th While I agree with Mr. Lewis that the canvass for the 46 S.D. does not impact the election of Presidential Electors, respondent candidate Cecilia Tkaczyk agrees with the Court that this matter must be resolved as expeditiously as possible and shares the Courts concern that the large number of paper ballots that must be canvassed will not be done so in a timely manner.

th I respectfully disagree with Mr. Lewis that the Order entered into on November 9 requires that the counting shall proceed, one County at a time and with only one table of canvassers and attorneys doing ballot reviews and objections. See Conclusion, page 5 of Lewis letter.

1WD035077}

Respondent-Tkaczyk is prepared to proceed at as many County Boards of Elections and at as many tables as the Boards can staff in order to complete the canvass process in an orderly and timely manner.

Very truly yours, Featherstonhaugh, Wiley & Clyne, LLP

Frank G. Hoare FGH:jrf

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