MATTER OF BARBERA v. TUTUNJIAN


49 A.D.2d 795 (1975)

In the Matter of Nicholas Barbera, Appellant, v. Henry G. Tutunjian, as Commissioner of Elections of The County of Rensselaer, Appellant, and Thomas M. Monahan, Jr., as Commissioner of Elections of The County of Rensselaer, Respondent

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

September 29, 1975


At the primary election held on September 9, 1975 petitioner, the designated candidate of the Liberal Party for the office of Rensselaer County Sheriff, received 12 votes of the 109 cast, while a write-in candidate received 93 votes. Petitioner sought to invalidate certain of the absentee ballots cast, contending that the persons submitting such ballots were within the county while the polls of the election were open. Even if petitioner's objections to all of the absentee...

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