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MATTER OF IPPOLITO v. POWER

30 A.D.2d 924 (1968)

In the Matter of Andrew V. Ippolito, Respondent, v. James M. Power et al., Constituting The Board of Elections of the City of New York, Respondents, and Edmund J. Wilowski, Appellant

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

September 12, 1968

As so modified, judgment affirmed, without costs.

No opinion.

Beldock, P. J., dissenting.

Even if it be conceded that 101 out of the total number of 2,827 votes cast were invalid, as found by Special Term, nevertheless it is my opinion that, despite the fact that the number of irregular votes exceeded the margin of victory, the alleged irregularities are not sufficient to invalidate the primary election (cf. Matter of Acevedo v. Power...

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