Matter of Cosgrove (Walsh) (No. 2)
This text of 54 N.E.2d 34 (Matter of Cosgrove (Walsh) (No. 2)) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The indorsements upon two envelopes of war voters in foreign service were not executed as required by the statute and the votes should have been rejected if objection had been made upon the original canvass (See Election Law, § 319). In the absence of objection the envelopes were opened as provided in the statute and the ballots deposited in the ballot box. We agree with the courts below that the ballots so deposited without objection must be .counted., Protest thereafter will not avail even where it may he possible to determine for which candidate such ballot was cast.
The order should be affirmed, without costs.
Order affirmed.
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Cite This Page — Counsel Stack
54 N.E.2d 34, 292 N.Y. 115, 1944 N.Y. LEXIS 1404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-cosgrove-walsh-no-2-ny-1944.