Pauly v. Mahoney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, without costs, and cross petition remanded to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Special Term erroneously ruled that it lacked authority to determine the identity of the person voted for. "The Election Law vests the courts with the power to determine, on a reasonable basis, the intent of the voter in casting his ballot for a 'write in’ candidate (Matter of Callahan v Morrow, 40 AD2d 619). Accomplishing this purpose may violate technical rules and lower court precedent in older cases. However, a realistic…
2Cases cited9 opinions
- MATTER OF WEINBERGER v. JacksonNew York Court of Appeals · 1967
- Weinberger v. JacksonAppellate Division of the Supreme Court of the State of New York · 1967
- Reich v. PowerAppellate Division of the Supreme Court of the State of New York · 1968
- Ambro v. CoveneyNew York Court of Appeals · 1967
- Ballien v. AlpertAppellate Division of the Supreme Court of the State of New York · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Klein v. GarfinkleAppellate Division of the Supreme Court of the State of New York · 2004
- MATTER OF HAYNIE v. MahoneyNew York Court of Appeals · 1979
- Hanney v. Commissioners of Elections of Westchester CountyAppellate Division of the Supreme Court of the State of New York · 1977
- Miller v. Lakeland Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2006
- Carbery v. CarberyNew York Supreme Court · 1986
8 more not listed; retrieve them via the Exa API.