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MATTER OF BERRY v. DODD

Court of Appeals of the State of New York.
Mar 30, 1976
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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.