Argued October 27, 1937
Decided October 27, 1937
Appeal from the Supreme Court, Appellate Division, Third Department.
Julius Weiss, Timothy A. McCarthy and William J. O'Shea, Jr., for plaintiff, appellant.
Edward K. Kennedy and Walter G.C. Otto for intervener, appellant. William A. Davidson, County Attorney ( Frank J. Claydon of counsel), for Board of Elections of County of Westchester, respondent. John J. Dillon, Alfred M. Bailey and Walter W. Westall for intervener, respondent.
Where the Board of Elections under sections 117 and 118 of the Election Law (Cons. Laws, ch. 17) determines that the application and affidavit submitted therewith by a duly qualified voter is sufficient to permit him to vote as an absentee voter, the vote cannot be questioned in this action after election, where the vote has been received without objection or challenge and the jurisdictional defects are not sufficient to change the result.
We do not approve by this decision the form of the affidavits submitted.
The judgment should be affirmed, without costs.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.