New York Court of Appeals, 1937

Sheils v. Flynn

Sheils v. Flynn
New York Court of Appeals · Decided October 27, 1937 · <italic>Per Curiam.</italic>
11 N.E.2d 1; 275 N.Y. 446; 1937 N.Y. LEXIS 1446 (North Eastern Reporter, Second Series)

Sheils v. Flynn

Opinion of the Court

*452 Per Curiam.

Where the Board of Elections under sections 117 and 118 of the Election Law (Cons. Laws, ch. 17) determines that the application and affidavit submitted therewith by a duly qualified voter is sufficient to permit bim to vote as an absentee voter, the vote cannot be questioned in this action after election, where the vote has been received without objection or challenge and the jurisdictional defects are not sufficient to change the result.

We do not approve by this decision the form of the affidavits submitted.

The judgment should be affirmed, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.

Judgment affirmed.

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