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MATTER OF RUTTER v. COVENEY

38 N.Y.2d 993 (1976)

In the Matter of Evelyn Rutter et al., Appellants, v. Frank Coveney et al., Constituting the Board of Elections of the County of Suffolk, and Harold Rothstein, Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1976.

Attorney(s) appearing for the Case

Samuel Rutter for appellants.

Harold M. Rothstein, respondent pro se.

Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER concur; Judges JASEN, FUCHSBERG and COOKE dissent and vote to reverse in a memorandum.

MEMORANDUM.

The requirements of subdivision 3 of section 135 of the Election Law are designed to facilitate the discovery of irregularities or fraud in designation petitions. This purpose may only be achieved by mandating uniform and strict compliance with the statutory requirements (Matter of Sciarra v Donnelly, 34 N.Y.2d 970; Gordon v Catania, 34 N.Y.2d...

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