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MATTER OF CELLER v. LARKIN

31 N.Y.2d 658 (1972)

In the Matter of Emanuel Celler, Appellant, v. William F. Larkin et al., Constituting the Board of Elections of the City of New York, et al., and Elizabeth Holtzman, Respondent.

Court of Appeals of the State of New York.

Decided September 12, 1972.

Attorney(s) appearing for the Case

Julius Venner, Fabian G. Palomino and Robert B. Brady for appellant.

Bernard W. Nussbaum for respondent.

Concur: Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON. Judges BURKE and SCILEPPI dissent and vote to reverse in the following separate memoranda.

Order affirmed, without costs.

BURKE, J. (dissenting).

I dissent and vote to reverse on the ground that the evidence presented in this case and in other cases coming from Kings County clearly indicates that there was no way to ascertain with accuracy the correct number of irregularities, since there was, by the admission of the Board of Elections, utter confusion. Under the circumstances the rule of probability could not apply. In addition, there...

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