MATTER OF GAMMERMAN v. BD OF ELECTIONS OF CITY OF N.Y

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 N.Y.2d 993) and Matter of Higby v Mahoney ( 48 N.Y.2d 15). Reiterating the views I expressed in those cases, I would find an exception for the extraordinary circumstances which confront us now and reverse.