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MATTER OF JONES v. NEW YORK STATE BD. OF ELECTIONS

45 N.Y.2d 791 (1978)

In the Matter of Kenneth C. Jones, Respondent, v. New York State Board of Elections, Respondent, and James D. Brewster, Appellant. In the Matter of Paul G. Spaulding, Appellant, v. New York State Board of Elections and Kenneth C. Jones, Respondents.

Court of Appeals of the State of New York.

Decided September 1, 1978.

Attorney(s) appearing for the Case

James D. Brewster, appellant pro se.

David P. Elkovitch for Kenneth C. Jones, respondent.

Thomas P. Zolezzi and James B. Cantwell for New York State Board of Elections, respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

In each case: Order reversed, without costs, and the judgment of Supreme Court, Albany County, reinstated in the following memorandum: Considering the fact that the applicable statute (Election Law, § 6-132) gives no notice as to the requirements for inclusion in designating petitions where the nomenclature of the local electoral subdivisions is materially different from that employed in the statute, there can be no insistence on literal compliance with the statutory...

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