In People for Ferrer v. Board of Elections of City of N.Y. (286 A.D.2d 783 [2001]) four Democratic mayoral candidates, Fernando Ferrer, Mark Green, Alan G. Hevesi and Peter F. Vallone, had asked the court, inter alia, to establish a procedure allowing for expedited judicial review of Board of Elections rulings as to whether a paper ballot should be counted. The key dispute between the four candidates and the Board of Elections was over whether challenges to the board of inspectors' decisions concerning the counting of a paper ballot could be immediately taken to a judge. The Queens Administrative Judge, Steven W. Fisher, appointed a judge to sit at the Board of Elections to immediately rule on individual objections to the board of inspectors' decision on paper ballots. On appeal, the Appellate Division held that Justice Fisher had no authority to modify the statutory procedure set forth in Election Law 9-209 (2) (d) for judicial review of challenged ballots, or the authority to vary the Board of Elections' statutory procedure for the canvassing of affidavit ballots (see Election Law 8-302 [3] [e] [ii]). Justice Fisher's order, which provided for an immediate review of challenged ballots, precluded the board of inspectors from rejecting or counting a challenged ballot in the first instance, as set forth in Election Law 9-209 (2) (d), thus, resulting in a modification of the statute.