MATTER OF NEAL v. INSPECTORS OF ELECTION OF FIRST ELECTION DIST. OF TOWN OF LINCKLAEN


286 A.D. 1116 (1955)

In the Matter of F. Maxson Neal et al., Respondents, v. Inspectors of Election of the First Election District of the Town of Lincklaen, Chenango County, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 7, 1955.


The court has directed the board of registry to register the names of petitioners for the election tomorrow. Where a voter has more than one place of abode, the test commonly applied in election registration cases is the place where he lives physically. Here there is evidence which the County Court was entitled to credit that petitioners were physically domiciled in the town of Lincklaen at least thirty days before election day. Petitioners testified they slept and had their...

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