Legal Opinion
In re Tefft
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1940PublishedCited by 1 opinion
1Opinion of the Court
Order affirmed, without costs of this appeal to any party. Memorandum: 1. The absentee ballots in question were not shown upon the statement of the canvass or returned by the board of elections as “ protested, wholly blank or void ballots ” or as “ protested or rejected absentee voters’ ballots.” Neither were they marked or identified as such. Section 330, subdivision 4, of the Election Law gives the court no summary jurisdiction under such circumstances. (People ex rel. Brown v. Freisch, 215 N. Y. 356; Matter of Oliver, 234 App. Div. 170; Matter of Gabelmann, 136 Misc. 641; Matter of Hall,…
2Cases cited7 opinions
- Matter of Whitman. No. 1New York Court of Appeals · 1918
- People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
- Sheils v. FlynnNew York Court of Appeals · 1937
- Sheils v. FlynnAppellate Division of the Supreme Court of the State of New York · 1937
- In re OliverAppellate Division of the Supreme Court of the State of New York · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Progno v. Monroe County Election CommissionersAppellate Division of the Supreme Court of the State of New York · 1963