Gross v. Barone

Appellate Division of the Supreme Court of New York

Gross v. Barone

37 A.D.2d 773, 325 N.Y.S.2d 895, 1971 N.Y. App. Div. LEXIS 3498

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 1, 1971

StatusPublished

This text of 37 A.D.2d 773 (Gross v. Barone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gross v. Barone, 37 A.D.2d 773, 325 N.Y.S.2d 895, 1971 N.Y. App. Div. LEXIS 3498 (N.Y. Ct. App. 1971).

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Opinion

In a proceeding pursuant to section 330 of the Election Law, judgment of the Supreme Court, Westchester County, dated August 27, 1971, which dismissed the petition without a hearing, reversed on the law, without costs and matter remitted to Special Term for hearing on the merits of the petition. We are of the opinion that, under the circumstances of this case and in light of the liberality of construction mandated by section 330 of the Election Law, the errors complained of were not -substantial; there was sufficient compliance with the statute; and a hearing should be had on the merits of the petition. Rabin, P. J., Munder, Shapiro, Gulotta and Benjamin, JJ., concur.

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In a proceeding pursuant to section 330 of the Election Law, judgment of the Supreme Court, Westchester County, dated August 27, 1971, which dismissed the petition without a hearing, reversed on the law, without costs and matter remitted to Special Term for hearing on the merits of the petition. We are of the opinion that, under the circumstances of this case and in light of the liberality of construction mandated by section 330 of the Election Law, the errors complained of were not -substantial; there was sufficient compliance with the statute; and a hearing should be had on the merits of the petition. Rabin, P. J., Munder, Shapiro, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 773, 325 N.Y.S.2d 895, 1971 N.Y. App. Div. LEXIS 3498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gross-v-barone-nyappdiv-1971.