MATTER OF GATES v. SCARINGE


105 A.D.2d 543 (1984)

In the Matter of Steven M. Gates, Appellant-Respondent, v. George P. Scaringe et al., Constituting The Albany County Board of Elections, Respondents, and John G. Turner, Jr., Respondent-Appellant. (And Another Related Proceeding.)

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

October 22, 1984


These cross appeals involve four disputed absentee ballots cast at the primary election for the Conservative Party nomination for the office of County Judge of Albany County. Trial Term properly ruled that it did not have jurisdiction in these proceedings over three of the absentee ballots in issue which had already been opened and counted by the election inspectors at the local polling places without challenge or protest (see Election Law, § 8-506). As such, these absentee...

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