MATTER OF EVE v. MAHONEY


45 A.D.2d 945 (1974)

In the Matter of Arthur O. Eve, Appellant, v. Edward K. Mahoney et al., Constituting The Board of Elections of the County of Erie, et al., Respondents

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

August 23, 1974


Order unanimously affirmed, without costs.

Memorandum:

The Justice at Special Term who saw and heard the witnesses was in the best position to judge their credibility. We agree with his finding that there was no evidence of fraud or intentional wrongdoing on the part of respondent Hill. "We are required (Election Law, § 330) to construe liberally the Election Law to the end that the voters be afforded the fullest opportunity to exercise their franchise...

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