MATTER OF HAYNIE v. MAHONEY


48 N.Y.2d 718 (1979)

In the Matter of Charles A. Haynie, Respondent, v. Edward J. Mahoney et al., Constituting the Board of Elections of Erie County, Respondents, and William L. Marcy, Jr., Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1979.


Attorney(s) appearing for the Case

Joseph F. Biondolillo for appellant.

Timothy A. McCarthy for petitioner-respondent.

Thaddeus Szymanski, County Attorney (Alan Gerstman of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs.

The Election Law mandates, in clear and unequivocal terms, that "[a] write-in ballot must be cast in its appropriate place on the machine, or it shall be void and not counted." (Election Law, § 8-308, subd 4.) Here, it was error for Supreme Court to validate a write-in ballot for the office of Common Council when such ballot was...

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