Matter of Gammerman v. Bd. of Elections of City of N.Y

Full title: In the Matter of IRA GAMMERMAN et al., Appellants, v. BOARD OF ELECTIONS…

Court: Court of Appeals of the State of New York

Date published: Oct 15, 1982

442 N.E.2d 446 (N.Y. 1982)

442 N.E.2d 446

456 N.Y.S.2d 48

Opinion

Argued October 15, 1982

Decided October 15, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD TOMPKINS, J.

Paul H. Asofsky for Ira Gammerman and others, appellants.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Leonard Koerner of counsel), for Board of Elections of the City of New York, respondent.

Herbert Rubin for Jack Rosenberg and others, respondents.

Peter C. Hein for intervenors-respondents.

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 N.Y.2d 993) and Matter of Higby v Mahoney ( 48 N.Y.2d 15). Reiterating the views I expressed in those cases, I would find an exception for the extraordinary circumstances which confront us now and reverse.