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HILL v. BD. OF ELECTIONS

120 A.D.2d 55 (1986)

Olga Hill et al., Respondents, v. New York State Board of Elections, Defendant, and New York City Board of Elections, Appellant

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

November 3, 1986

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (June A. Witterschein and Helen P. Brown of counsel), for appellant.

John C. Gray, Jr. (Jane Greenfold Stevens of counsel), John E. Kirklin (Jonathan Ben-Asher of counsel), and Herbert Semmel for respondents. (One brief filed.)

MOLLEN, P. J., BROWN, NIEHOFF and KOOPER, JJ., concur.

Per Curiam.

The record reveals that, until relatively recently, the New York City Board of Elections (hereinafter NYCBE) has failed to comply with the legislative mandate that all polling places must be made accessible to the physically handicapped and that detailed written determinations must be prepared and filed for each site which is not accessible (Election Law § 4-104 [1-a]). Moreover, NYCBE concedes that it has...

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