Matter of Smith v. Briggs

New York Court of Appeals

Matter of Smith v. Briggs

37 N.E.2d 452, 286 N.Y. 714, 1941 N.Y. LEXIS 2280

New York Court of Appeals·Decided October 22, 1941·Published·Cited by 2 cases

Opinion

Order of the Appellate Division reversed and order of the Special Term affirmed in so far as it declares Philip M. Smith to be the nominee for said office by said party. We *716 hold that ballots with exhibit numbers 13, 66 and 183 are blank as to the office of District Attorney. We hold that ballots with exhibit numbers 29, 32, 41, 100 and 122 are void. In other respects we agree with the findings of the Appellate Division. Accordingly we find that Philip M. Smith received 1,477 votes and Leslie E. Briggs 1,476 votes. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.

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Order of the Appellate Division reversed and order of the Special Term affirmed in so far as it declares Philip M. Smith to be the nominee for said office by said party. We *716 hold that ballots with exhibit numbers 13, 66 and 183 are blank as to the office of District Attorney. We hold that ballots with exhibit numbers 29, 32, 41, 100 and 122 are void. In other respects we agree with the findings of the Appellate Division. Accordingly we find that Philip M. Smith received 1,477 votes and Leslie E. Briggs 1,476 votes. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.

Matter of Smith v. Briggs, 37 N.E.2d 452, 286 N.Y. 714, 1941 N.Y. LEXIS 2280 (N.Y. 1941).

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