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MATTER OF RYAN v. SCARINGE

85 A.D.2d 797 (1981)

In the Matter of John F. Ryan et al., Appellants-Respondents, v. George P. Scaringe et al., Constituting The Board of Elections of the County of Albany, et al., Respondents, and James P. Cleary et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 16, 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

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