Hyperlawhypertext legal databasebeta Berry v. Dodd 38 N.Y.2d 995

← Cases

Berry v. Dodd

38 N.Y.2d 995 Court N.Y. Decision date 1976-03-30 English

Contents
p. 995
In the Matter of John A. Berry et al., Appellants, v Isabel R. Dodd et al., Constituting the Board of Elections of the County of Nassau, and Raymond Simon, Respondents. In the Matter of Barbara Honig, Respondent, v Board of Elections of Nassau County, and Michael H. Greenberg et al., Appellants.
Argued March 29, 1976;
decided March 30, 1976
p. 996
Bernard S. Meyer, Robert M. Calica and M. Kathryn Meng for appellants in both proceedings.
Robert Markewich and Milton Friedman for Raymond Simon, respondent in the first above-entitled proceeding, and Barbara Honig, petitioner-respondent in the second above-entitled proceeding.

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). 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.

Cases cited