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MATTER OF ALTIMARI v. MEISSER

22 A.D.2d 933 (1964)

In the Matter of Frank X. Altimari, Appellant-Respondent, v. William D. Meisser et al., Constituting The Board of Elections of the County of Nassau, et al., Respondents, and Julius R. Lippman, Respondent-Appellant In the Matter of Julius R. Lippman, Appellant-Respondent, v. William D. Meisser et al., Constituting The Board of Elections of the County of Nassau, et al., Respondents, and Frank X. Altimari, Respondent-Appellant

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

December 29, 1964

Judgments, insofar as appealed from by the respective parties, affirmed, without costs.

In our opinion, Altimari won the election by a majority of six votes. Special Term ruled the ballot to be invalid. We disagree. On the stub of this ballot the voter had placed his name and address. Unintentionally, the voter wrote "Bath, N. Y." on the upper right hand corner of the ballot portion. If the stub and that part of the ballot containing the words "Bath, N. Y." had been...

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