In re Rush

Upon the foregoing papers this motion is granted. The petitioner, Thomas E. Rush, asks the court to grant him the right to inspect the ballots cast at the last primary election held on September 17, 1917, claiming that a recount will show that a majority of the votes were cast for him for justice of the Supreme Court in Manhattan and The Bronx. The returns tabulated by the board of elections show that 17,448 votes were cast for petitioner and 30,568 were cast for his opponent, John Y. McAvoy. The board of elections claim, which claim is joined in by Judge McAvoy, that petitioner has forfeited…