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MATTER ELNORA L. TURNER v. JAMES R. LAWLEY ET AL. (10/28/69)

COURT OF APPEALS OF NEW YORK 1969.NY.43291 <http://www.versuslaw.com>; 252 N.E.2d 855; 25 N.Y.2d 963 decided: October 28, 1969. IN THE MATTER OF ELNORA L. TURNER, RESPONDENT,v.JAMES R. LAWLEY ET AL., AS COMMISSIONERS OF ELECTION FOR THE COUNTY OF ERIE, RESPONDENTS, ET AL., AND AMBROSE I. LANE, APPELLANT Matter of Turner v. Lawley, 33 A.D.2d 644, reversed. Ray Ellis Green for appellant. George M. Nelson, County Attorney (Robert E. Casey, Jr. of counsel), for James R. Lawley and Edward J. Mahoney, Commissioners of Election, respondents. John W. Condon, Jr. for petitioner-respondent. Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.


Matter of Turner v. Lawley, 33 A.D.2d 644, reversed.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.

 Memorandum. 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.

Disposition

Order reversed, without costs, and the order of Special Term reinstated in a memorandum.

19691028

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