IN RE: Albert A. TARANTINO

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Albert A. TARANTINO, et al., appellants, v. WESTCHESTER COUNTY BOARD OF ELECTIONS, et al., respondents, John Quinlan, et al., respondents-respondents.

Decided: June 28, 2004

MYRIAM J. ALTMAN, J.P., STEPHEN G. CRANE, STEVEN W. FISHER, and ROBERT A. LIFSON, JJ.

In a proceeding pursuant to Election Law articles 8, 9, and 16, inter alia, to contest the casting and canvassing of certain ballots cast in the general election for the public office of Member of the New Rochelle City Council for the 2nd and 4th Council Districts held on November 4, 2003, the petitioners appeal, as limited by their brief, from so much of a final order of the Supreme Court, Westchester County (Nicolai, J.), entered December 11, 2003, as, after a hearing, denied that branch of their petition which was for a manual recanvassing and recounting of contested punch-card ballots cast in the election.

ORDERED that the final order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court was without authority to grant the petitioners' request for a manual recanvassing and recounting of contested punch-card ballots, as such a remedy is beyond those specifically provided for in the Election Law (see Matter of Delgado v. Sunderland, 97 N.Y.2d 420, 741 N.Y.S.2d 171, 767 N.E.2d 662;  Matter of Mondello v. Nassau County Bd. of Elections, 6 A.D.3d 18, 772 N.Y.S.2d 693).   In light of our determination, we need not reach the remaining contentions.

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