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

COURT OF APPEALS OF NEW YORK


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.

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

© 1998 VersusLaw Inc.



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