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Matter of Ryan v. Scaringe

Appellate Division of the Supreme Court of New York, Third Department
Dec 16, 1981
85 A.D.2d 797 (N.Y. App. Div. 1981)

Opinion

December 16, 1981


Cross appeals from a judgment of the Supreme Court at Trial Term (Cholakis, J.), entered December 14, 1981 in Albany County, which, inter alia, partially denied petitioners' application, in a proceeding pursuant to section 16-106 Elec. of the Election Law, to open and canvass certain absentee and military ballots received by the respondent Boards of Elections after the close of the polls on November 3, 1981. The judgment of Trial Term should be affirmed. That court properly determined that the relevant provisions of the Election Law do not permit the canvassing of absentee and military ballots received by the respondent Boards of Elections after the close of the polls on election day (Election Law, § 8-412, subd 1; § 10-112, subd 2; Matter of La Paro v Anderson, Supreme Ct, Onondaga County, Nov. 23, 1981 [Donovan, J.], affd 85 A.D.2d 878; see, also, Matter of Colaneri v Board of Elections of Suffolk County, 50 A.D.2d 880, 881). In view of this determination, we deem it unnecessary to consider the issues raised on the cross appeal by respondents Cleary and Gardineer. Judgment affirmed, without costs. Kane, J.P., Main, Mikoll, Yesawich, Jr., and Weiss, JJ., concur.


Summaries of

Matter of Ryan v. Scaringe

Appellate Division of the Supreme Court of New York, Third Department
Dec 16, 1981
85 A.D.2d 797 (N.Y. App. Div. 1981)
Case details for

Matter of Ryan v. Scaringe

Case Details

Full title:In the Matter of JOHN F. RYAN et al., Appellants-Respondents, v. GEORGE P…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 16, 1981

Citations

85 A.D.2d 797 (N.Y. App. Div. 1981)