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MATTER OF NODAR v. POWER

26 A.D.2d 785 (1966)

In the Matter of John T. Nodar, Appellant, v. James M. Power et al., Constituting The Board of Elections of the City of New York, and Robert J. Hall et al., Respondents

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

September 1, 1966

Judgment reversed on the law, without costs, and petition for new election granted.

Findings of fact are affirmed. In our opinion, the conceded invalidity of 109 votes, when contrasted with the narrow 27-vote margin of victory, mandates a new election, notwithstanding the possibility that a portion of these invalid votes may have been cast in the three Democratic party primary elections which were held at the same time (Matter of DeSapio v. Koch,

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