MATTER OF ALTIMARI v. MEISSER


23 A.D.2d 672 (1965)

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

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

March 8, 1965


Judgment reversed on the law and in the exercise of discretion, without costs, and proceedings remitted to Special Term to take plenary proof with respect to the eligibility and qualifications to vote of the persons who cast and mailed the two military ballots numbered 33-1 and 33-2; and for a determination as to the validity of said ballots based upon such proof. No questions of fact were considered. Order reversed on the law and in the exercise of discretion, without costs...

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