MATTER OF DAYTON v. BD. OF ELECTIONS OF ALBANY COUNTY


40 A.D.2d 616 (1972)

In the Matter of Martha T. Dayton, Respondent, v. Board of Elections of Albany County et al., Respondents, and Robert E. Shaffer, Appellant

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

September 15, 1972


On this record it is impossible to conclusively determine which candidate received the greater number of votes. Consequently, we are constrained to direct a new election. (See Election Law, § 330, subd. 2.) Judgment reversed, on the law and the facts, without costs, and new election directed to be held on or before September...

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