N.Y. Elec. Law § 16-106

§ 16-106. Proceedings as to the casting and canvass of ballots. 1.\nThe casting or canvassing or refusal to cast challenged ballots, blank\nballots, void or canvass absentee, military, special federal, federal\nwrite-in or emergency ballots and ballots voted in affidavit envelopes\nby persons whose registration poll records were not in the ledger or\nwhose names were not on the computer generated registration list on the\nday of election or voters in inactive status, voters who moved to a new\naddress in the city or county or after they registered or voters who\nclaimed to be enrolled in a party other than that shown on their\nregistration poll record or on the computer generated registration list\nand the original applications for a military, special federal, federal\nwrite-in, emergency or absentee voter's ballot may be contested in a\nproceeding instituted in the supreme or county court, by any candidate\nor the chairman of any party committee, and by any voter with respect to\nthe refusal to cast such voter's ballot, against the board of canvassers\nof the returns from such district, if any, and otherwise against the\nboard of inspectors of election of such district. If the court\ndetermines that the person who cast such ballot was entitled to vote at\nsuch election, it shall order such ballot to be cast and canvassed if\nthe court finds that ministerial error by the board of elections or any\nof its employees caused such ballot envelope not to be valid on its\nface.\n 2. The canvass of returns by the state, or county, city, town or\nvillage board of canvassers may be contested, in a proceeding instituted\nin the supreme court by any voter, except a proceeding on account of the\nfailure of the state board of canvassers to act upon new returns of a\nboard of canvassers of any county made pursuant to the order of a court\nor justice, which may be instituted only by a candidate aggrieved or a\nvoter in the county.\n 3. The attorney general, on behalf of the state, and the chairman of\nthe state committee of a party, may institute any proceeding allowed\nherein relating to the returns of canvass by inspectors upon the vote of\nany ballot proposal submitted to the people of the state.\n 4. The court may direct a recanvass or the correction of an error, or\nthe performance of any duty imposed by law on such a state, county,\ncity, town or village board of inspectors, or canvassers.\n 5. A proceeding under subdivisions one and three of this section must\nbe instituted within twenty days and under subdivision two, within\nthirty days after the election or alleged erroneous statement or\ndetermination was made, or the time when the board shall have acted in\nthe particulars as to which it is claimed to have failed to perform its\nduty, except that such a proceeding with respect to a village election\nmust be instituted within ten days after such election, statement,\ndetermination or action.\n