MATTER OF HUTSON v. BASS


54 N.Y.2d 772 (1981)

In the Matter of Grace H. Hutson et al., Respondents, v. James F. Bass et al., Constituting the Board of Elections of the City of New York, and Carmen Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided September 3, 1981.


Attorney(s) appearing for the Case

Nancy McAlister and Douglas A. Kellner for appellant.

Harry Kresky for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the proceeding remitted to that court for determination of questions of fact, if any.

The reversal at the Appellate Division was recited to have been "on the law and in the interest of justice". To the extent that it was based on considerations of "interest of justice" it was erroneous. While the Appellate Division does have interest...

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