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MATTER OF LUCK v. FISK

243 A.D.2d 812 (1997)

663 N.Y.S.2d 304

In the Matter of Richard W. Luck, Sr., as Chairman of The Conservative Party of the Town of Coeymans, Respondent, v. Robert H. Fisk, Jr., et al., Respondents, and Albany County Board of Elections et al., Appellants

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

October 15, 1997

Per Curiam.

At issue herein are 18 ballots, which consist of 16 absentee ballots and two affidavit ballots (hereinafter referred to as "the 18 ballots"), which were voted in the Conservative Party primary election on September 9, 1997 in the Town of Coeymans, Albany County. The record reveals that all of the absentee and affidavit ballots voted were not sent to the polling places on primary election day but, rather, were retained at the office of respondent Albany...

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