Opinion
Argued March 29, 1976
Decided March 30, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANDREW J. DI PAOLA, J.
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.
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).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER. Judges JASEN, FUCHSBERG and COOKE dissent and vote to reverse in the following memorandum.
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. (Cf. Matter of Rutter v Coveney, 38 N.Y.2d 993, dissenting memorandum.)
Order affirmed.