IN THE MATTER OF STERN v. GARFINKLE

Ordered that the final order is affirmed, without costs or disbursements.

The Supreme Court properly determined that it was without jurisdiction to hear the instant proceeding. Election Law § 16-106 gives the Supreme Court jurisdiction over "challenged" absentee ballots ( see Matter of Dorman v. Scaringe, 222 AD2d 887, 887-888; Matter of Gates v. Scaringe, 105 AD2d 543). The petitioner failed to demonstrate that he challenged the absentee ballots at issue in accordance with the provisions of the Election Law ( see Election Law §§ 8-502, 8-506; Matter of Gates v. Scaringe, supra; see generally Matter of Cosgrove v Jensen, 252 AD2d 555).

In view of the foregoing, we do not reach the parties' remaining contentions.