38 A.D.2d 825 | N.Y. App. Div. | 1972
In consolidated summary proceedings under section 330 of the Election Law with respect to the general election held on November 2, 1971 for the public office of County Legislator in the 15th Legislative District, Suffolk County, (1) petitioners Feldman and Corrigan cross-appeal from so much of a judgment of the Supreme Court, Suffolk County, entered December 27, 1971 after a hearing, as adjudged that, after a recanvass of the votes by the court, the votes for Feldman exceeded those for Corrigan by 15 and that 33 illegal votes were cast; (2) Feldman further appeals from the portion of the judgment which, because of said 33 illegal votes and other irregularities, denied his petition for a direction that he be certified the winner; and (3) Corrigan further appeals from the portion of the judgment which denied his request for a new election. Judgment modified, on the law and facts, by striking therefrom the first two decretal paragraphs and by substituting therefor a provision granting candidate Feldman’s petition in full and directing the Board of Elections of Suffolk County (1) to recanvass the votes so as to show a total of 4,391 votes for Martin J. Feldman, comprised of 4,320 on the machines and 71 on paper ballots, and a total of 4,372 votes for James J. Corrigan, Jr., comprised of 4,323 on the machines and 49 on the paper ballots, and (2) to certify Martin J. Feldman as the candidate elected to the position of County Legislator in the 15th Legislative District of Suffolk County. As so modified, judgment affirmed insofar as appealed from, without costs. The original canvass by the inspectors of election showed 4,394 votes for Feldman (4,320 on machines and 74 on paper ballots) and 4,378 for Corrigan (4,323 on machines and 55 on paper ballots);