Altimari v. Meisser

This matter is before the court upon a remittitur of the Appellate Division, Second Department to take plenary proof with respect to the eligibility and qualifications to vote of the persons who cast and mailed the two military ballots numbered 33-1 and 33-2; and for a determination as to the validity of said ballots based upon such proof. That court held that a prior remittitur of the Court of Appeals did not foreclose this court from exercising its discretion and inquiring into newly discovered evidence concerning the qualifications or eligibility of two voters to cast military ballots in…