Berry v. Dodd, 38 N.Y.2d 995

Berry v. Dodd

38 N.Y.2d 995

1976

Check Treatment

Lead Opinion

In each case: Order affirmed, without costs (Matter of Sciarra v Donnelly, 34 NY2d 970; Matter of Chine v Hayduk, 34 NY2d 965).

Concur: Chief Judge Breitel and Judges Gabrielli, Jones and Wachtler. Judges Jasen, Fuchsberg and Cooke dissent and vote to reverse in the following memorandum.

Dissenting Opinion

Jasen, Fuchsberg and Cooke, JJ.

(dissenting). We believe that in each of these cases there has been substantial compliance with the provisions of the Election Law and, accordingly, the judgment should be reversed and the petitions validated. (Cf. Matter of Rutter v Coveney, 38 NY2d 993, dissenting memorandum.)

Order affirmed.