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MATTER OF ALTIMARI v. MEISSER

15 N.Y.2d 686 (1965)

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

Court of Appeals of the State of New York.

Decided January 7, 1965.

Attorney(s) appearing for the Case

James J. Leff, Harold L. Fisher, Bertram Harnett and Louis H. Powell for Julius R. Lippman.

Stephen J. Masse and Lewis Abrahams for Frank X. Altimari.

No appearance for Board of Elections of County of Nassau and others, respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order modified, without costs, and matter remitted to Special Term for further proceedings in accordance with the following memorandum: We agree with the Appellate Division as to the disposition of ballot No. 32-1. We disagree with the Appellate Division as to ballots Nos. 14-2, 36-1 and 118-3, and we hold those numbered ballots to be valid. We disagree with the Appellate Division as to ballot No. 92-1 and hold that ballot invalid. Up to this point there would be a majority...

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