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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
CourtNew York Court of Appeals
DecidedOctober 15, 1982
StatusPublished
Cited by4 cases

This text of 442 N.E.2d 446 (Matter of Gammerman v. Bd. of Elections of the City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
442 N.E.2d 446, 57 N.Y.2d 888, 456 N.Y.S.2d 48, 1982 N.Y. LEXIS 3766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-gammerman-v-bd-of-elections-of-the-city-of-new-york-ny-1982.