
    The People of the State of New York ex rel. Edwin W. Fiske, Respondent, v. Albert D. Tietjen et al., as Inspectors of Election of the Fifth District of the Fifth Ward of the City of Mount Vernon, et al., Respondents, and Edward F. Brush, Appellant.
    
      People ex rel. Fiske v. Tietjen, 182 App. Div.-, affirmed.
    (Argued January 28, 1918;
    decided February 5, 1918.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 25, 1918, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the inspectors of election of the fifth district to open their ballot box, take out of it the unopened envelope containing the ballot of Warren Diefendorf (a soldier), and deliver the same to the inspectors of election of the fourth district. The inspectors of election of the fourth district were directed to reconvene, canvass and make return of the said vote. The Diefendorf ballot was through error sent to the fifth district whereas Diefendorf was a resident of the fourth district. The election inspectors in the fifth district did not open the Diefendorf envelope but placed it in the box of voted ballots in an unopened condition, sealed the ballot box and returned the ballot box thus sealed to the city clerk of Mount Vernon.
    
      George H. Taylor, Jr., James H. Cavanaugh and J. Henry Esser for appellant.
    
      Arthur M. Johnson, Sydney A. Syme and Frank A-Bennett for respondents.
   Order of Appellate Division affirmed; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  