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MATTER OF DECKER v. JUTKOFSKY

77 A.D.2d 733 (1980)

In the Matter of Roger A. Decker, Respondent, v. Rosalie Jutkofsky et al., Constituting The Board of Inspectors of Election of the Town of Taghkanic, et al., Respondents, and Philip N. Addabbo, Appellant

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

July 24, 1980

At the general election held on November 6, 1979, Roger A. Decker and Philip A. Addabbo were candidates for the office of Town Justice in the Town of Taghkanic, Columbia County. Two absentee ballot envelopes were challenged on the ground that the named absentee voters were not residents of the town. The inspectors of election voted on the challenge and the result was a tie. Rather than marking the words "not sustained" on the challenged envelopes and casting the ballots,...

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