Petitioner appeals from an order of the Supreme Court, Chemung County in a proceeding under section 330 of the Election Law in which the Special Term directed a recanvass by the Board of Elections of Steuben County of all of the ballots cast at the primary election for the office of State Senator for the 49th Senatorial District comprising the counties of Chemung and Steuben and conducted a reeanvass of 1,244 ballots objected to by the respective candidates for said nomination during the canvass by the Board of Elections. Of the ballots objected to, Special Term found 324 valid for appellant, 633 valid for respondent, 96 void and 191 blank. This resulted in a majority of 36 ballots in respondent’s favor. In this court appellant challenged 227 ballots; 7 of these were marked for appellant with improper cross marks and Special Term correctly held them blank for the office in question; 220 were marked for respondent and counted for him by Special Term. We have examined these ballots and affirm the rulings of the Special Term except as to the ballots bearing the following exhibit numbers and for the reasons given : 623, 626, 628, 630, 632, 646 and 932, on all of which names of candidates for other offices on the ballot were crossed out; 6 and 135, which were returned
The order of the Special Term is modified on the law in accordance herewith and as so modified affirmed, without costs.
Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ., concur.
