Ryan v. Scaringe

Appellate Division of the Supreme Court of New York

Ryan v. Scaringe

85 A.D.2d 797, 445 N.Y.S.2d 328, 1981 N.Y. App. Div. LEXIS 16613

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

DecidedDecember 16, 1981

StatusPublished

This text of 85 A.D.2d 797 (Ryan v. Scaringe) 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

Ryan v. Scaringe, 85 A.D.2d 797, 445 N.Y.S.2d 328, 1981 N.Y. App. Div. LEXIS 16613 (N.Y. Ct. App. 1981).

Pincite

Opinion

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 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 ofLaParo v Anderson, Supreme Ct, Onondaga County, Nov. 23,1981 [Donovan, J.], affd 85 AD2d 878; see, also, Matter of Colaneri v Board of Elections of Suffolk County, 50 AD2d 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.

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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 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 ofLaParo v Anderson, Supreme Ct, Onondaga County, Nov. 23,1981 [Donovan, J.], affd 85 AD2d 878; see, also, Matter of Colaneri v Board of Elections of Suffolk County, 50 AD2d 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.

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Bluebook (online)

85 A.D.2d 797, 445 N.Y.S.2d 328, 1981 N.Y. App. Div. LEXIS 16613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-scaringe-nyappdiv-1981.

Opinion

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