Majority
p. 589(Argued January 17, 1910; decided January 25, 1910.)
In the Matter of the Application of William A. De Groot, Appellant, for a Writ of Mandamus to Compel the Board of County Canvassers of Queens County, Respondent, to Recount Certain Votes. James F. McLaughlin, Appellant and Respondent.
Headnote
Reported below, 136 App. Div. —.Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 6,1910, which modified and affirmed as modified an order of Special Term directing a recount of certain void and protested ballots and the addition or exclusion thereof.
Franklin M. Tomlin for appellant.
Leander B. Faber for appellant and respondent.
Order appealed from reversed as to ballots marked Exhibits Nos. 20, 29, 30, 81 and 3G, which said ballots were declared void by the Appellate Division, and which said ballots are hereby declared valid. Order appealed from further reversed as to ballot marked Exhibit No. 55, which said ballot was counted by the Appellate Division, and which said ballot is • hereby rejected. In all other respects the order appealed from is affirmed, without costs to either party; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, IIaigiit, Vann, Willard Bartlett and Chase, JJ.