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Matter of Gross v. Barone

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1971
37 A.D.2d 773 (N.Y. App. Div. 1971)

Opinion

September 1, 1971


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.


Summaries of

Matter of Gross v. Barone

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1971
37 A.D.2d 773 (N.Y. App. Div. 1971)
Case details for

Matter of Gross v. Barone

Case Details

Full title:In the Matter of MARCIA E. GROSS, Appellant, v. MORRIS A. BARONE and BOARD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 1, 1971

Citations

37 A.D.2d 773 (N.Y. App. Div. 1971)