New York Court of Appeals, 1982

Matter of Gammerman v. Bd. of Elections of the City of New York

New York Court of Appeals · Decided October 15, 1982

57 N.Y.2d 888; 456 N.Y.S.2d 48; 442 N.E.2d 446; 1982 N.Y. LEXIS 3766

Cases that cite this one

4 later published cases cite this decision.

Matter of Fuentes v. Catalano (Appellate Division of the Supreme Court of New York 2018)
Settineri v. DiCarlo (Appellate Division of the Supreme Court of New York 1993)
Marchiselli v. Black (Appellate Division of the Supreme Court of New York 1984)
Leff v. Board of Elections (N.Y. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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.

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