Opinion
October 26, 1979
Appeal from the Monroe Supreme Court.
Present — Dillon, P.J., Hancock, Jr., Schnepp, Callahan and Doerr, JJ. (Decided Oct. 12, 1979.)
Order affirmed, without costs. (See Matter of Pauly v Mahoney, 49 A.D.2d 1014, mot for lv to app den 37 N.Y.2d 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 Elec. 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.