Majority
p. 979[688 NE2d 1035, 665 NYS2d 953] In the Matter of Richard W. Luck, Sr., as Chairman of the Conservative Party of the Town of Coeymans, Appellant, v Robert H. Fisk, Jr., et al., and Albany County Board of Elections et al., Respondents. Decided October 22, 1997
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APPEARANCES OF COUNSEL
Thomas J. Spargo, East Berne, for appellant.
Michael C. Lynch, County Attorney of Albany County, Albany, for Albany County Board of Elections, respondent.
John Biscone, Albany, for Robert H. Fisk, Jr., and others, respondents.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division. We note, however, that nothing in this Court’s affirmance implies that, under Election Law § 9-209 (2) (d), the central board of inspectors has the discretion not to open the ballot envelopes and count the votes after the three-day set-aside period.
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Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs, in a memorandum.