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IN THE MATTER OF STERN v. GARFINKLE

22 A.D.3d 695 (2005)

802 N.Y.S.2d 745

In the Matter of STEVEN H. STERN, Appellant, v. ROBERT L. GARFINKLE et al., Respondents, and FRANK GARGANO, Respondent.

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

October 19, 2005.

Ordered that the final order is affirmed, without costs or disbursements.

The Supreme Court properly determined that it was without jurisdiction to hear the instant proceeding. Election Law § 16-106 gives the Supreme Court jurisdiction over "challenged" absentee ballots (see Matter of Dorman v. Scaringe, 222 A.D.2d 887, 887-888 [1995]; Matter of Gates v. Scaringe, 105 A.D.2d 543

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