New York Court of Appeals, 1965

Altimari v. Meisser

New York Court of Appeals · Decided May 27, 1965

16 N.Y.2d 629; 209 N.E.2d 115; 261 N.Y.S.2d 73; 1965 N.Y. LEXIS 1327

Cases that cite this one

6 later published cases cite this decision.

Greenwald v. BOARD OF SUP'RS OF COUNTY OF SULLIVAN (District Court, S.D. New York 1983)
Greenwald v. Board of Supervisors (District Court, S.D. New York 1983)
DiMaggio v. Cicotti (Appellate Division of the Supreme Court of New York 1992)
Markowitz v. Gumbs (Appellate Division of the Supreme Court of New York 1986)
Decker v. Jutkofsky (Appellate Division of the Supreme Court of New York 1980)
People ex rel. Woodside v. Board of Inspectors of Election of 56th Election District of Town of Hempstead (New York Supreme Court 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order of Appellate Division reversed and the judgment of Special Term, Supreme Court, Nassau County, entered January 22, 1965, declaring that the votes cast in the general election held November 3, 1964 for the office of District Judge of the County of Nassau, Third District, resulted in a tie, reinstated. "We hold that the testimony adduced was insufficient as a matter of law to deprive the soldier voter and his wife of their right to *631vote in New York (N. Y. Const., art. II, §§ 1, 4; Election Law, §§ 151, 303, 309) and that the votes cast were valid.

Concur: Chief Judge Desmond and Judges Dye, Burke, Scileppi and Bergan. Judges Fuld and Van Voorhis dissent and vote to affirm upon the opinion at the Appellate Division.

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