IN THE MATTER OF RICHARD W. LUCK, SR., AS CHAIRMAN OF THE CONSERVATIVE PARTY
OF THE TOWN OF COEYMANS, APPELLANT, v. ROBERT H. FISK, JR., ET AL., AND
ALBANY COUNTY BOARD OF ELECTIONS, ET AL., RESPONDENTS.
90 N.Y.2d 979, 688 N.E.2d 1035, 665 N.Y.S.2d 953 (1997).
October 22, 1997
3 No. 265 SSM 19
(97 NY Int. 0169)
Decided October 22, 1997
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Submitted by Thomas J. Spargo, for appellant.
Submitted by Michael C. Lynch, for respondent Board.
MEMORANDUM:
The order of the Appellate Division should be affirmed without costs
for the reasons stated in the memorandum of the Appellate Division. We
note, however, that nothing in this Court's affirmance implies that,
under Election Law § 9 209(2)(d), the central board of inspectors
has the discretion not to open the ballot envelopes and count the
votes after the three day set aside period.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed, without costs, in a memorandum. Chief Judge Kaye and Judges
Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
Decided October 22, 1997
SNIPPETS:
ALBANY COUNTY BOARD OF ELECTIONS, ET AL., RESPONDENTS.
This opinion is uncorrected and subject to revision before publication in the New York
Submitted by Thomas J. Spargo, for appellant.
Submitted by Michael C. Lynch,
The order of the Appellate Division should be affirmed without costs for the reasons stated
We note, however, that nothing in this Court's affirmance implies that, under Election Law §
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, without
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
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