
    In the Matter of Ira Gammerman et al., Appellants, v Board of Elections of the City of New York et al., Respondents. Shirley Levittan et al., Proposed Intervenors-Respondents.
    Argued October 15, 1982
    decided October 15, 1982
    
      APPEARANCES OF COUNSEL
    
      Paul H. Asofsky for Ira Gammerman and others, appellants.
    
      Frederick A.O. Schwarz, Jr., Corporation Counsel {Leonard Koerner of counsel), for Board of Elections of the City of New York, respondent.
    
      Herbert Rubin for Jack Rosenberg and others, respondents.
    
      Peter C. Hein for intervenors-respondents.
   OPINION OF THE COURT

Order affirmed, without costs. We agree with the Appellate Division that the defect of late filing is not curable for the reasons assigned.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. 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 NY2d 993) and Matter of Higby v Mahoney (48 NY2d 15). Reiterating the views I expressed in those cases, I would find an exception for the extraordinary circumstances which confront us now and reverse.  