Appellate Division of the Supreme Court of the State of New York January 15, 1926 (In re Elwood)

Per Curiam:

We are satisfied that the petitioner followed the proper legal procedure in this case, hut do not agree with the trial judge as to how the ballots should be counted. After an examination of such ballots we conclude that the ballot which is designated as Exhibit No. 1 shall be counted for Clayton L. Wheeler; the ballots designated as Exhibits Nos. 3 and 7 shall be counted for Vincent N.