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Matter of Callahan v. Morrow

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 14, 1972
40 A.D.2d 619 (N.Y. App. Div. 1972)

Opinion

September 14, 1972

Appeal from the Monroe Special Term.

Present — Goldman, P.J., Del Vecchio, Witmer, Cardamone and Henry, JJ. (Order entered Sept. 7, 1972.)


Order unanimously affirmed upon the opinion at Special Term, without costs. Memorandum: We concur in Special Term's statement that "in order to give meaning to the democratic process the law should be liberally interpreted as it pertains to an election involving write in votes." We merely add that while it is true, as appellant contends, that the "Courts do not have the right to interpret the intent and meaning of a voter's mind" ( Matter of Murray v. Westall, 32 Misc.2d 378, 380), the courts do have, in a proceeding under the Election Law, the authority to ascertain and effectuate the intent of the voters as respects the identity of the person voted for ( Matter of Hughes v. Harrer, 4 A.D.2d 888).


Summaries of

Matter of Callahan v. Morrow

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 14, 1972
40 A.D.2d 619 (N.Y. App. Div. 1972)
Case details for

Matter of Callahan v. Morrow

Case Details

Full title:In the Matter of WILLIAM CALLAHAN, Respondent, v. THOMAS MORROW, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 14, 1972

Citations

40 A.D.2d 619 (N.Y. App. Div. 1972)

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