MATTER OF PAULY v. MAHONEY


49 A.D.2d 1014 (1975)

In the Matter of William A. Pauly, Appellant, v. Edward J. Mahoney et al., Constituting The Board of Elections of the County of Erie, and Michael A. D'Amico, Respondents

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

October 24, 1975


Order unanimously reversed, without costs, and cross petition remanded to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Special Term erroneously ruled that it lacked authority to determine the identity of the person voted for. "The Election Law vests the courts with the power to determine, on a reasonable basis, the intent of the voter in casting his ballot for a `write in' candidate (Matter of Callahan v Morrow, ...

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