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MATTER OF MORPHY v. WADE

208 A.D.2d 1039 (1994)

617 N.Y.S.2d 400

In the Matter of Patrick T. Morphy, Appellant-Respondent, v. Thomas Wade et al., Constituting The Rensselaer County Board of Elections, Respondents, and Henry R. Bauer, Respondent-Appellant

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

October 17, 1994

Per Curiam.

A total of three ballots are at issue on these cross appeals: (1) an emergency (paper) ballot cast by Pierre Barbera, challenged by petitioner because it was placed in an "affidavit ballot" envelope rather than an "emergency ballot" envelope; (2) an absentee ballot cast by an individual confined in the Rensselaer County Jail as the result of a misdemeanor conviction, which respondent Henry R. Bauer (hereinafter respondent) contends should not be counted...

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