In re Goldin

The petitioner moves herein for an order permitting an examination of the ballots for the election of trustees of the village of Greenport. He was an unsuccessful candidate for that office and claims that the vote was not properly canvassed as required by the Election Law. The respondent, besides denying the allegations of the petition, urges that the provisions of the Election Law do not apply to village elections and further contends that the petition should not be entertained because it is based merely “ upon information and belief.”

Section 53 of the Village Law requires that a canvass of…