December 20, 1963
Order affirmed, without costs, on the sole ground that the marks outside the voting square rendered the whole ballot void (Election Law, § 212; Matter of Smith v. Briggs, 286 N.Y. 714). Permission to appeal to the Court of Appeals granted, if appellant be so advised. Bergan, P.J., Gibson, Herlihy and Taylor, JJ., concur. [ 40 Misc.2d 975.]
Full title:In the Matter of STANLEY M. PAVLIC, Appellant, v. JOSEPH A. HALEY et al.…
Court:Appellate Division of the Supreme Court of New York, Third Department
Date published: Dec 20, 1963
The court properly invalidated the ballot designated Exhibit 1 based upon the extraneous marks outside of the…
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