Skip Page Header
O'Brien v. Skinner
Supreme Court, Appellate Division, Fourth Department, New York.November 2, 197240 A.D.2d 942337 N.Y.S.2d 700 (Approx. 2 pages)
O'Brien v. Skinner
Supreme Court, Appellate Division, Fourth Department, New York.November 2, 197240 A.D.2d 942337 N.Y.S.2d 700 (Approx. 2 pages)
40 A.D.2d 942
Supreme Court, Appellate Division, Fourth Department, New York.
Edward F. O'BRIEN et al., Appellants-Respondents,
v.
Albert SKINNER, Sheriff of Monroe County, et al., Respondents-Appellants.
Nov. 2, 1972.
Attorneys and Law Firms
**701 Ruth B. Rosenberg, Wm. D. Eggers and David N. Kunkel, Rochester, for appellants-respondents.
William J. Stevens, Michael K. Consedine, Rochester, for respondents-appellants.
Before DEL VECCHIO, J.P., and MARSH, MOULE and HENRY, JJ.
*942 MEMORANDUM:
Petitioners, who are persons incarcerated in the Monroe County Jail awaiting trial because of their inability to make bail or serving sentences on convictions for misdemeanors, indicated their eligibility to register and vote and their desire to do so and filed their applications with the Commissioners of Elections on October 10, 1972 which was the last day for registration. The Commissioners of Elections refused to register them. Section 117—a of the Election Law provides for absentee voting where a qualified voter may be unable to appear because of a physical disability. We believe that petitioners, being so confined, are physically disabled from voting and should be permitted to do so by casting absentee ballots.
Judgment unanimously modified by directing respondents Commissioners of Elections to register such of petitioners as shall be found to be qualified, and to issue absentee ballots to them, and as so modified affirmed, without costs.
All Citations
40 A.D.2d 942, 337 N.Y.S.2d 700| End of Document | © 2024 Thomson Reuters. No claim to original U.S. Government Works. |