Hutson v. Bass
| Decision Date | 03 September 1981 |
| Citation | 443 N.Y.S.2d 57,54 N.Y.2d 772,426 N.E.2d 749 |
| Parties | , 426 N.E.2d 749 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, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 83 A.D.2d 826, 442 N.Y.S.2d 517, 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-of-justice jurisdiction in some matters (e. g., CPL 470.15, subd. 3, par. cf. 4 Weinstein-Korn-Miller, N.Y.Civ.Prac., par. 4017.09), no provision is invited to our attention nor are we aware of any which authorizes the Appellate Division so to dispose of appeals in election cases, great as may be the understandable desire to do so (cf. Matter of Ryan v. Board of Elections of City of N. Y., 53 N.Y.2d 515, 443 N.Y.S.2d 47, 426 N.E.2d 739).
To the extent that the court's disposition in this instance was made "on the law" it was also erroneous and must be reversed and the case remitted to that court for determination of questions of fact, if any, which were raised at the Appellate Division (CPLR 5613). It is undisputed that the original cover sheet on the designating petition here failed to indicate the names and addresses of the candidates for election as members of the county committee and that there was no cover sheet indicating the names and addresses of the candidates for election as district leaders. In each respect there was noncompliance with the mandates of subdivision 2 of section 6-134 of the Election Law. These deficiencies preclude validation of this designating petition. While substantial compliance is acceptable as to details of form, there must be strict compliance with statutory commands as to matters of prescribed content (cf. Matter of Higby v. Mahoney, 48 N.Y.2d 15, 421 N.Y.S.2d 35, 396 N.E.2d 183). * We cannot say here, as we have elsewhere, that there has "been compliance with the requirements of * * * the Election Law as to content and substantial compliance with the requirements of that as to form" (Matter of Ruiz v. Sachs, 43 N.Y.2d 894, 895, 403 N.Y.S.2d 500, 374 N.E.2d 397). It is wholly immaterial that the courts might reasonably conclude that what they perceive as the ultimate legislative objectives might better be achieved by more flexible prescriptions, prescriptions which might be judged by some to be more equitable. Whatever may be our...
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