McQuade v. Board of Elections

Appellate Division of the Supreme Court of New York

McQuade v. Board of Elections

260 A.D.2d 652, 697 N.Y.S.2d 624, 1999 N.Y. App. Div. LEXIS 4459

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 1999

StatusPublished

This text of 260 A.D.2d 652 (McQuade v. Board of Elections) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McQuade v. Board of Elections, 260 A.D.2d 652, 697 N.Y.S.2d 624, 1999 N.Y. App. Div. LEXIS 4459 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to Election Law article 16 to annul a determination of the Board of Elections of the County of Nassau, dated April 20, 1999, which denied the petitioner’s request to appoint inspectors pursuant to Election Law § 8-407 to supervise the casting of absentee ballots at nursing homes and residential health care facilities for a special election to be held on May 4, 1999, the appeal is from a judgment of the Supreme Court, Nassau County (Roberto, J.), entered April 27, 1999, which granted the petition, annulled the determination, and directed the Board of Elections to appoint the inspectors.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, the determination is reinstated, and the proceeding is dismissed on the merits.

The refusal of the Board of Elections to appoint inspectors pursuant to Election Law § 8-407 was not arbitrary, capricious, or contrary to law (see, Matter of Colton v Berman, 21 NY2d 322, 329). Election Law § 8-407(1) provides that a board of elections “may”, by resolution, appoint inspectors to supervise the absentee balloting in nursing homes and residential health care facilities. The language of the statute as to whether to appoint inspectors is permissive, not mandatory. S. Miller, J. P., Sullivan, Joy, and Goldstein, JJ., concur.

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—In a proceeding pursuant to Election Law article 16 to annul a determination of the Board of Elections of the County of Nassau, dated April 20, 1999, which denied the petitioner’s request to appoint inspectors pursuant to Election Law § 8-407 to supervise the casting of absentee ballots at nursing homes and residential health care facilities for a special election to be held on May 4, 1999, the appeal is from a judgment of the Supreme Court, Nassau County (Roberto, J.), entered April 27, 1999, which granted the petition, annulled the determination, and directed the Board of Elections to appoint the inspectors.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, the determination is reinstated, and the proceeding is dismissed on the merits.

The refusal of the Board of Elections to appoint inspectors pursuant to Election Law § 8-407 was not arbitrary, capricious, or contrary to law (see, Matter of Colton v Berman, 21 NY2d 322, 329). Election Law § 8-407(1) provides that a board of elections “may”, by resolution, appoint inspectors to supervise the absentee balloting in nursing homes and residential health care facilities. The language of the statute as to whether to appoint inspectors is permissive, not mandatory. S. Miller, J. P., Sullivan, Joy, and Goldstein, JJ., concur.

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Bluebook (online)

260 A.D.2d 652, 697 N.Y.S.2d 624, 1999 N.Y. App. Div. LEXIS 4459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcquade-v-board-of-elections-nyappdiv-1999.

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