Smith v. Fiorito

This is an application by Charles Smith for an order correcting errors in the canvass of ballots for office of members of the Democratic county committee in the 11th District, town of Babylon, Suffolk County, New York.

On the return day of the order to show cause the parties involved in the recount appeared, the ballot box was opened and the ballots examined. The parties agreed with the court that thirty-four of the ballots cast were unquestionably correct, ten were void for various reasons, two remained on which the parties could not agree. Of the thirty-four ballots to be counted as agreed…