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Leff v. Board of Elections

442 N.E.2d 447, 57 N.Y.2d 890, 456 N.Y.S.2d 49, 1982 N.Y. LEXIS 3767
New York Court of Appeals·Decided October 15, 1982·Published

Opinion

OPINION OF THE COURT

Order affirmed, without costs (see Matter of Gammerman v Board of Elections of City of N. Y., 57 NY2d 888, decided herewith).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Judge Fuchsberg dissents and votes to reverse in the following memorandum: The drastic result in this case is the consequence of the harsh rule this court enunciated in such cases as Matter of Rutter v Coveney (38 NY2d 993) and Matter of Higby v Mahoney (48 NY2d 15). Reiterating the views I expressed in those cases, I would find an exception for the extraordinary circumstances which confront us now and reverse.

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Leff v. Board of Elections, 442 N.E.2d 447, 57 N.Y.2d 890, 456 N.Y.S.2d 49, 1982 N.Y. LEXIS 3767 (N.Y. 1982).

442 N.E.2d 447 (Leff v. Board of Elections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Gammerman v. Bd. of Elections of the City of New York
442 N.E.2d 446 (New York Court of Appeals, 1982)
Rutter v. Coveney
348 N.E.2d 913 (New York Court of Appeals, 1976)
Higby v. Mahoney
396 N.E.2d 183 (New York Court of Appeals, 1979)