Price v. Mahoney

Order unanimously affirmed, without costs. Memorandum: Special Term properly ruled that the two write-in ballots marked only with the surname "Price” were valid ballots to be counted for the petitioner William A. Price in the Conservative Party primary election for a city councilman nomination (Matter of Ballien v Alpert, 42 AD2d 302, 303; Matter of Callahan v Morrow, 40 AD2d 619). In view of all the circumstances, it could reasonably be concluded that petitioner was the candidate for whom these ballots written on a voting machine roll were intended. He was the incumbent and the Democratic…