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Matter of Gammerman v. Bd. of Elections of the City of New York

442 N.E.2d 446, 57 N.Y.2d 888, 456 N.Y.S.2d 48, 1982 N.Y. LEXIS 3766
New York Court of Appeals·Decided October 15, 1982·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Order affirmed, without costs. We agree with the Appellate Division that the defect of late filing is not curable for the reasons assigned.

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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Matter of Gammerman v. Bd. of Elections of the City of New York, 442 N.E.2d 446, 57 N.Y.2d 888, 456 N.Y.S.2d 48, 1982 N.Y. LEXIS 3766 (N.Y. 1982).

442 N.E.2d 446 (Matter of Gammerman v. Bd. of Elections of the City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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