Hyperlawhypertext legal database Sciolino v. Chiavaroli 72 A.D.2d 665

← Cases

Sciolino v. Chiavaroli

72 A.D.2d 665 Court N.Y. App. Div. Decision date 1979-10-26 English

Decision Majority · Dissent — Callahan, J. (dissenting).

Contents

Majority

p. 665
In the Matter of Anthony J. Sciolino, Respondent, v V. James Chiavaroli et al., Constituting the Board of Elections of Monroe County, Appellants, and Robert C. Byrnes, Respondent.

Order affirmed, without costs. (See Matter of Pauly v Mahoney, 49 AD2d 1014 , mot for lv to app den 37 NY2d 711 .) All concur, except Callahan, J., who dissents and votes to reverse and dismiss the petition in the following memorandum.

I would affirm the ruling of the Board of Elections. Subdivision 4 of section 8-308 of the Election Law specifically requires that a write-in ballot must be cast in its appropriate place on the machine, or it shall be void and not counted. (Appeal from order of Monroe

Dissent

p. 666
Supreme Court—Election Law.) Present—Dillon, P. J., Hancock, Jr., Schnepp, Callahan and Doerr, JJ. (Decided Oct. 12,1979.)

Cases cited