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MTR. OF O'SHAUGHNESSY v. BD. OF ELEC.

15 A.D.2d 183 (1961)

In the Matter of John A. O'Shaughnessy, Respondent, v. Monroe County Board of Elections et al., Appellants

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

December 22, 1961.

Attorney(s) appearing for the Case

Leo T. Minton, Monroe County Legal Adviser, for Monroe County Board of Elections, appellant.

Nixon, Hargrave, Devans & Dey (Albert L. Beswick of counsel), for Harry M. Kerr, Jr., appellant.

Erwin N. Witt for respondent.

All concur. Present — WILLIAMS, P. J., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.

HALPERN, J.

At the general election held on November 7, 1961, in the Town of Greece in Monroe County, the respondent O'Shaughnessy was the candidate of the Democratic and Liberal parties for the office of Councilman in the Second Ward and the appellant Kerr was the Republican candidate for that office. Counting all the votes cast by machine as well as all the absentee and military ballots, the respondent was...

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