Berry v. Dodd

New York Court of Appeals
Berry v. Dodd, 38 N.Y.2d 995 (N.Y. 1976)
348 N.E.2d 914; 384 N.Y.S.2d 438; 1976 N.Y. LEXIS 2634
Cooke, Fuchsberg, Jasen

Berry v. Dodd

Dissenting Opinion

Jasen, Fuchsberg and Cooke, JJ.

(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.

Opinion of the Court

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.

Reference

Full Case Name
In the Matter of John A. Berry v. Isabel R. Dodd, Constituting the Board of Elections of the County of Nassau, and Raymond Simon, Respondents In the Matter of Barbara Honig v. Board of Elections of Nassau County, and Michael H. Greenberg
Cited By
16 cases
Status
Published