Majority
p. 888In the Matter of Ira Gammerman et al., Appellants, v Board of Elections of the City of New York et al., Respondents. Shirley Levittan et al., Proposed Intervenors-Respondents. Argued October 15, 1982 decided October 15, 1982
p. 889
APPEARANCES OF COUNSEL
Paul H. Asofsky for Ira Gammerman and others, appellants.
Frederick A.O. Schwarz, Jr., Corporation Counsel {Leonard Koerner of counsel), for Board of Elections of the City of New York, respondent.
Herbert Rubin for Jack Rosenberg and others, respondents.
Peter C. Hein for intervenors-respondents.
OPINION OF THE COURT
Order affirmed, without costs. We agree with the Appellate Division that the defect of late filing is not curable for the reasons assigned.
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.
Cases cited
- Rutter v. Coveney 38 NY2d 993 p. 889
- Higby v. Mahoney 48 NY2d 15 p. 889