Turner v. Lawley

New York Court of Appeals
Turner v. Lawley, 25 N.Y.2d 963 (N.Y. 1969)
252 N.E.2d 855; 305 N.Y.S.2d 357; 1969 N.Y. LEXIS 1038

Turner v. Lawley

Opinion of the Court

*965Memorandum. 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.

Reference

Full Case Name
In the Matter of Elnora L. Turner v. James R. Lawley, as Commissioners of Election for the County of Erie, , and Ambrose I. Lane
Cited By
5 cases
Status
Published