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.

90 N.Y.2d 979, 688 N.E.2d 1035, 665 N.Y.S.2d 953 (1997).
October 22, 1997

3 No. 265 SSM 19

[97 NY Int. 0169]
Decided October 22, 1997

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Thomas J. Spargo, for appellant.
Submitted by Michael C. Lynch, for respondent Board.

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.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, without costs, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided October 22, 1997

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.

90 N.Y.2d 979, 688 N.E.2d 1035, 665 N.Y.S.2d 953 (1997). October 22, 1997

90 N.Y.2d 979, 688 N.E.2d 1035, 665 N.Y.S.2d 953 (1997).
October 22, 1997