Price v. Mahoney

Appellate Division of the Supreme Court of New York

Price v. Mahoney

49 A.D.2d 1013, 374 N.Y.S.2d 467, 1975 N.Y. App. Div. LEXIS 11367

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 1975

StatusPublished

This text of 49 A.D.2d 1013 (Price v. Mahoney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Price v. Mahoney, 49 A.D.2d 1013, 374 N.Y.S.2d 467, 1975 N.Y. App. Div. LEXIS 11367 (N.Y. Ct. App. 1975).

Pincite

Opinion

Order unanimously affirmed, without costs. Memorandum: Special Term properly ruled that the two write-in ballots marked only with the surname "Price” were valid ballots to be counted for the petitioner William A. Price in the Conservative Party primary election for a city councilman nomination (Matter of Ballien v Alpert, 42 AD2d 302, 303; Matter of Callahan v Morrow, 40 AD2d 619). In view of all the circumstances, it could reasonably be concluded that petitioner was the candidate for whom these ballots written on a voting machine roll were intended. He was the incumbent and the Democratic Party nominee for this office; he had actively campaigned for Conservative Party write-ins and is the only person who had petitioned to allow write-in balloting for this particular office. No other person on the ballot or in these [1014]*1014primary elections had the surname "Price” or a surname which could reasonably be confused with "Price”. (Appeal from order of Erie Supreme Court granting petition to validate write-in votes.) Present—Marsh, P. J., Moule, Goldman, Del Vecchio and Witmer, JJ. (Order entered October 21, 1975.)

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously affirmed, without costs. Memorandum: Special Term properly ruled that the two write-in ballots marked only with the surname "Price” were valid ballots to be counted for the petitioner William A. Price in the Conservative Party primary election for a city councilman nomination (Matter of Ballien v Alpert, 42 AD2d 302, 303; Matter of Callahan v Morrow, 40 AD2d 619). In view of all the circumstances, it could reasonably be concluded that petitioner was the candidate for whom these ballots written on a voting machine roll were intended. He was the incumbent and the Democratic Party nominee for this office; he had actively campaigned for Conservative Party write-ins and is the only person who had petitioned to allow write-in balloting for this particular office. No other person on the ballot or in these [1014]*1014primary elections had the surname "Price” or a surname which could reasonably be confused with "Price”. (Appeal from order of Erie Supreme Court granting petition to validate write-in votes.) Present—Marsh, P. J., Moule, Goldman, Del Vecchio and Witmer, JJ. (Order entered October 21, 1975.)

Cite This Page — Counsel Stack

Bluebook (online)

49 A.D.2d 1013, 374 N.Y.S.2d 467, 1975 N.Y. App. Div. LEXIS 11367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-mahoney-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack