Sciolino v. Chiavaroli

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