Majority
p. 963Argued October 27, 1969; decided October 28, 1969.
In the Matter of Elnora L. Turner, Respondent, v. James R. Lawley et al., as Commissioners of Election for the County of Erie, Respondents, et al., and Ambrose I. Lane, Appellant.
p. 964
Ray Ellis Green for appellant.
George M. Nelson, County Attorney (Robert E. Casey, Jr. of counsel), for James R. Lawley and Edward J. Mahoney, Commissioners of Election, respondents.
John W. Condon, Jr. for petitioner-respondent.
p. 965
Memorandum. Notwithstanding our decision in Matter of Gaines v. Board of Election ( 25 N Y 2d 807 ), we adhere to the long-established substantial compliance rule announced in Matter of Simpson v. Cohen ( 275 N. Y. 642 ) and reaffirmed in Matter of De Luca v. McNab ( 16 N Y 2d 835 ). (See, also, Matter of Rosen v. McNab, 25 N Y 2d 798 .) To whatever extent our decision in Gaines is inconsistent with the result herein, it is hereby overruled.
Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.
Order reversed, without costs, and the order of Special Term reinstated in a memorandum.
Cases cited
- Gaines v. Board of Elections 25 N Y 2d 807 p. 965
- Simpson v. Cohen 275 N. Y. 642 p. 965
- De Luca v. McNab 16 N Y 2d 835 p. 965
- Rosen v. McNab 25 N Y 2d 798 p. 965