New York Court of Appeals, 1944

Matter of Cosgrove (Walsh) (No. 2)

Matter of Cosgrove (Walsh) (No. 2)
New York Court of Appeals · Decided January 20, 1944 · Cgriam, Lehman, Loughran, Rippey, Lewis, Conway, Thaoher
54 N.E.2d 34; 292 N.Y. 115; 1944 N.Y. LEXIS 1404 (North Eastern Reporter, Second Series)

Matter of Cosgrove (Walsh) (No. 2)

Opinion of the Court

Per Cgriam.

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.

LehmaN, Ch. J., LoughraN, Rippey, Lewis, CoNWay, Des-moNd aiid Thaoher, JJ., concur.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.