Opinion · Nylaw New York
MATTER OF VALLONE v. POWER, 35 A.D.2d 678 [2d Dept 1970]
In the Matter of PETER F. VALLONE, Respondent-Appellant, v. JAMES M. POWERet al., Constituting the Bd. of Elections of the City of N.Y., et al.,Respondents, & HERMAN BADILLO, Appellant-Respondent., 35 A.D.2d 678 (Appellate Division of the Supreme Court of New York, Second Department. 1970)
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1970-09-30
- Topic
- general
MATTER OF VALLONE v. POWER, 35 A.D.2d 678 [2d Dept 1970] In the Matter of PETER F. VALLONE, Respondent-Appellant, v. JAMES M. POWERet al., Constituting the Board of Elections of the City of New York, et al.,Respondents, and HERMAN BADILLO, Appellant-Respondent.Appellate Division of the Supreme Court of New York, Second Department.
Citator
UpLaw has not yet analyzed MATTER OF VALLONE v. POWER, 35 A.D.2d 678 [2d Dept 1970]. The absence of a flag is not a finding that it is good law.
MATTER OF VALLONE v. POWER,35 A.D.2d 678[2d Dept 1970]
In the Matter of PETER F. VALLONE, Respondent-Appellant, v. JAMES M. POWER
et al., Constituting the Board of Elections of the City of New York, et al.,
Respondents, and HERMAN BADILLO, Appellant-Respondent.
Appellate Division of the Supreme Court of New York, Second Department.
In a proceeding to invalidate the Democratic Party primary election held on June 23, 1970 for nomination for the public office of Member of the House of Representatives for the 21st Congressional District, respondent Badillo appeals from a judgment of the Supreme Court, Queens County, entered September 24, 1970, which granted the application and directed that a new Primary Election for such nomination be held on October 8, 1970; and petitioner Vallone cross-appeals from said judgment, excepting for portions thereof described in his notice of cross appeal. Judgment reversed, on the law, without costs, and petition dismissed. Special Term found that 798 void or irregular votes had been cast in the election. We agree. Petitioner contends, among other things, that in addition to the 798 votes which Special Term found to be invalid, the 696 votes involving unsigned and undated cards should also have been considered as to their probable effect on the validity of the election (Matter ofIppolitov.Power,22 N.Y.2d 594,597;Matter of De Sapiov.Koch,14 N.Y.2d 735). Special Term did not consider them. Even if petitioner's contention be correct, however, the irregularities would not be sufficiently large in number to establish the probability that the result of the election would be changed by a shift in, or invalidation of, the questioned votes (Matter of Di Martiniv.Power,27 N.Y.2d 149;Matterof Stevensonv.Power,27 N.Y.2d 152; cf.Matter of Victorv.Power,26 A.D.2d 785, affd.18 N.Y.2d 701). Petitioner's other contentions have been considered and we find them to be without merit. Christ, P.J., Hopkins, Martuscello, Brennan and Benjamin, JJ., concur.