Leff v. Board of Elections
New York Court of Appeals
Leff v. Board of Elections, 57 N.Y.2d 890 (N.Y. 1982)
456 N.Y.S.2d 49; 442 N.E.2d 447; 1982 N.Y. LEXIS 3767
Leff v. Board of Elections
Opinion of the Court
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.
Reference
- Full Case Name
- In the Matter of James J. Leff v. Board of Elections of the City of New York, Shirley Levittan, Proposed Intervenors-Respondents
- Status
- Published