MATTER OF TURNER v. LAWLEY, 25 N.Y.2d 963 (1969)

252 N.E.2d 855, 305 N.Y.S.2d 357

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.

Court of Appeals of the State of New York.Argued October 27, 1969
Decided October 28, 1969

Page 964

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HAMILTON WARD, J.

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.

Page 965

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.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

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