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Haynie v. Mahoney

48 N.Y.2d 718 Court N.Y. Decision date 1979-10-19 English

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p. 718
In the Matter of Charles A. Haynie, Respondent, v Edward J. Mahoney et al., Constituting the Board of Elections of Erie County, Respondents, and William L. Marcy, Jr., Appellant.
Argued October 18, 1979;
decided October 19, 1979
p. 719
APPEARANCES OF COUNSEL
Joseph F. Biondolillo for appellant.
Timothy A. McCarthy for petitioner-respondent.
Thaddeus Szymanski, County Attorney (Alan Gerstman of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs.

The Election Law mandates, in clear and unequivocal terms, that "[a] write-in ballot must be cast in its appropriate place on the machine, or it shall be void and not counted.” (Election Law, § 8-308, subd 4.) Here, it was error for Supreme Court to validate a write-in ballot for the office of Common Council when such ballot was cast in the column designated for the office of County Executive. The plain language of the statute itself proscribes such result. It is noted that in Matter of Pauly v Mahoney ( 49 AD2d 1014 ), relied on below, leave to appeal was denied by this court ( 37 NY2d 711 ). Our denial of leave to appeal has no precedential effect. (See Matter of Marchant v Mead-Morrison Mfg. Co., 252 NY 284 , 297-298 [Cardozo, Ch. J.].)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed, without costs, and the petition dismissed in a memorandum.

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