# Dayton v. Board of Elections

> Appellate Division of the Supreme Court of the State of New York · September 15, 1972 · 40 A.D.2d 616

URL: https://www.frixlaw.com/law-library/cases/5785066

## Case

- **Full name:** In the Matter of Martha T. Dayton v. Board of Elections of Albany County, and Robert E. Shaffer
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 15, 1972
- **Citations:** 40 A.D.2d 616; 335 N.Y.S.2d 821; 1972 N.Y. App. Div. LEXIS 3924
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5785066

## Opinion text

Appeal from a judgment of the Supreme Court at Special Term, entered September 5, 1972 in Albany County, in a proceeding under section 330 of the Election Law which ordered that Martha T. Dayton be declared the winning candidate in the Primary Election for the office of candidate of the Democratic Party for Member of Assembly, 105th District, for the State of New York. On this record it is impossible to conclusively determine which candidate received the greater number of votes. Consequently, we are constrained to direct a new election. (See Election Law, § 330, subd. 2.) Judgment reversed, on the law and the facts, without costs, and new election directed to be held on or before September 26, 1972. Herlihy, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5785066. Public record. Not legal advice.