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Leff v. Board of Elections

57 N.Y.2d 890 Court N.Y. Decision date 1982-10-15 English

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p. 890
In the Matter of James J. Leff, Appellant, 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. 891
APPEARANCES OF COUNSEL
James J. Leff, appellant pro se.
Frederick A. O. Schwarz, Jr., Corporation Counsel (.Leonard Koerner of counsel), for Board of Elections of the City of New York, respondent.
Victor Herwitz, respondent pro se, and for Jack Rosenberg, respondent.
Herbert Rubin for Harold Baer, Jr., and others, respondents.
Peter C. Hein for intervenors-respondents.

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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