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MATTER OF BERRY v. DODD

38 N.Y.2d 995 (1976)

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, v. Board of Elections of Nassau County, and Michael H. Greenberg et al., Appellants.

Court of Appeals of the State of New York.

Decided March 30, 1976.

Attorney(s) appearing for the Case

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.

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

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).

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....

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