2023 New York Laws › ELN - Election › Article 16 - Judicial Proceedings › 16-108 - Proceedings as to Registration and Voting.

§  16-108.  Proceedings  as to registration and voting. 1. The supreme
  court, by a justice thereof within the judicial district, or the  county
  court,  by  a county judge within his county, in a proceeding instituted
  by any voter to whom registration has  been  unlawfully  refused,  shall
  compel,  by  order, the registration of such voter, and, in a proceeding
  instituted by any voter duly qualified to vote in this state, or by  the
  state  board  of  elections, shall, by order, direct the cancellation of
  the registration of any person who shall unlawfully be  registered,  and
  shall  order  the  board of elections or other official charged with the
  conduct of registration to carry out such order.
2. In any such proceeding the board of  elections  or  other  official
  charged  with  the  conduct  of the election, in which it is claimed the
  registration  of  the  voter  unlawfully  was  refused   or   unlawfully
  registered,  shall  be  a  necessary  party and the person whose name is
  sought to be stricken from the register shall likewise  be  a  necessary
  party,  and  the  board and such person shall receive such notice as the
  court, justice or judge shall direct.
3. Such court, in a proceeding  instituted  by  any  voter  unlawfully
  denied the right to vote by the inspectors, shall, by order, direct that
  he  be  allowed  to  vote  at  his  polling  place  and within the hours
  established by law. Such order shall, where necessary, direct the  board
  of  elections  to  complete  the  voter's  registration  and  enrollment
  records.
4. Such court, justice or judge, in a  proceeding  instituted  by  any
  voter  unlawfully  denied  an  early  mail  or  absentee  ballot  or the
  application therefor, shall compel, by order, the delivery to such voter
  of a ballot or application.
5. An affidavit by any officer or employee of the board of  elections,
  or  by  any police officer, sheriff or deputy sheriff, or by any special
  investigator appointed by the state board of elections, that he  or  she
  visited  the  premises  claimed by the applicant as his or her residence
  and that  he  interrogated  an  incarcerated  individual,  housedweller,
  keeper,  caretaker,  owner, proprietor or landlord thereof or therein as
  to the applicant's residence therein or thereat, and that he or she  was
  informed by one or more of such persons, naming them, that they knew the
  persons  residing  upon  such  premises  and  that the applicant did not
  reside upon such premises thirty days  before  the  election,  shall  be
  presumptive  evidence  against  the  right of the voter to register from
  such premises.
6. For each primary,  special  and  general  election,  the  presiding
  justice  of  the  appellate  division  of  the first and second judicial
  department shall, and the presiding justice of the appellate division of
  the third and  fourth  judicial  departments  may  assign  one  or  more
  justices  of  the  supreme  court to sit at such offices of the board of
  elections and such other locations as may  be  designated  to  hear  and
  determine  all  cases arising under this chapter relating to eligibility
  for voting of such election.