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  5. 57 N.Y.2d 890 (1982)
 

MATTER OF LEFF v. BD. OF ELECTIONS OF THE CITY OF NEW YORK

57 N.Y.2d 890 (1982)

In the Matter of James J. Leff, Appellant, v. Board of Elections of the City of New York et al., Respondents. Shirley Levittan et al., Proposed Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided October 15, 1982.

Attorney(s) appearing for the Case

James J. Leff, appellant pro se.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Leonard Koerner of counsel), for Board of Elections of the City of New York, respondent.

Victor Herwitz, respondent pro se, and for Jack Rosenberg, respondent.

Herbert Rubin for Harold Baer, Jr., and others, respondents.

Peter C. Hein for intervenors-respondents.

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

Order affirmed, without costs (see Matter of Gammerman v Board of Elections of City of N. Y., 57 N.Y.2d 888, decided herewith).

Judge FUCHSBERG dissents and votes to reverse in the following memorandum: The drastic result in this case is the consequence of the harsh rule this court enunciated in such cases as Matter of Rutter v Coveney (38 N.Y.2d 993) and Matter of...

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