Opinion

Leff v. Board of Elections

57 N.Y.2d 890
456 N.Y.S.2d 49
442 N.E.2d 447
1982 N.Y. LEXIS 3767

Court: New York Court of Appeals
Filed: Oct 15, 1982
Status: Published
Cited by: 0 cases
Authority: More cited than 27.2%

The opinion

OPINION OF THE COURT

Order affirmed, without costs (see Matter of Gammerman v Board of Elections of City of N. Y., 57 NY2d 888 , decided herewith).

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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