Legal Opinion

In re Egan

New York Supreme Court

Decided December 6, 1986PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Albert M. Rosenblatt, J.

With the candidates locked in a tie vote, petitioners have brought on this proceeding pursuant to Election Law § 16-106 in connection with the election for the 7th District County Representative for the Dutchess County Legislature, held on November 4, 1986.1

*501Petitioners seek an order directing that the absentee ballot of Raymond J. Kane be opened and counted. Respondents resist, and assert that it is defective because the ballot envelope is undated, and is thereby allegedly in violation of Election Law § 8-410.

Notably, the date of the postmark is…

2Cases cited13 opinions

  1. People v. MorrisNew York Court of Appeals · 1984
  2. Higby v. MahoneyNew York Court of Appeals · 1979
  3. People Ex Rel. Deister v. . WintermuteNew York Court of Appeals · 1909
  4. Erickson v. BlairSupreme Court of Colorado · 1983
  5. Lanser v. KoconisWisconsin Supreme Court · 1974

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3Cited by1 opinion

  1. Roe v. Mobile County Appointment Bd.Supreme Court of Alabama · 1995

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