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MATTER OF JERRY v. BARBER

5 N.Y.2d 768 (1958)

In the Matter of Harold A. Jerry, Jr., Appellant-Respondent, v. Howard P. Barber et al., Constituting the Board of Elections of Chemung County, et al., Respondents, and Harry K. Morton, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1958.

Attorney(s) appearing for the Case

Harold A. Jerry, Jr., appellant-respondent in person.

Harry K. Morton, in person, and Albert E. Hollis for Harry K. Morton, respondent-appellant.

Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Taking no part: Judge DESMOND.

Order, insofar as it declares Harry K. Morton to be the Republican nominee for the office of State Senator for the 49th Senatorial District, reversed and the matter remitted to Special Term for entry of an order granting the relief prayed for in the petition. Upon inspection of the primary ballots passed on in the Appellate Division, we hold that, in 3 instances, ballots marked for Harry K. Morton were not void by reason of identifying marks as found in the Appellate Division...

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