MATTER OF BERRY v. DODD, N.Y., Judgment, Law, casemine.com

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Attorney(S)

Bernard S. Meyer, Robert M. Calica and M. Kathryn Meng for appellants in both proceedings. Robert Markewich and Milton Friedman for Raymond Simon, respondent in the first above-entitled proceeding, and Barbara Honig, petitioner-respondent in the second above-entitled proceeding.

Judges

Matthew J. Jasen
Jacob D. Fuchsberg
Lawrence H. Cooke

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In the Matter of JOHN A. BERRY et al., Appellants, v. ISABEL R. DODD et al., Constituting the Board of Elections of the County of Nassau, and RAYMOND SIMON, Respondents. In the Matter of BARBARA HONIG, Respondent,

In each case: Order affirmed, without costs (Matter of Sciarra v Donnelly, 34 N.Y.2d 970; Matter of Clune v Hayduk, 34 N.Y.2d 965).

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER. Judges JASEN, FUCHSBERG and COOKE dissent and vote to reverse in the following memorandum.

JASEN, FUCHSBERG and COOKE, JJ. (dissenting).

We believe that in each of these cases there has been substantial compliance with the provisions of the Election Law and, accordingly, the judgment should be reversed and the petitions validated. (Cf. Matter of Rutter v Coveney, 38 N.Y.2d 993, dissenting memorandum.)

Order affirmed.

MATTER OF BERRY v. DODD

In the Matter of JOHN A. BERRY et al., Appellants, v. ISABEL R. DODD et al., Constituting the Board of Elections of the County of Nassau, and RAYMOND SIMON, Respondents. In the Matter of BARBARA HONIG, Respondent,

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