Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

In the Matter of ROOSEVELT RHODES, Appellant, v. GEORGE D. SALERNO, as Chairman of the State Board of Elections, Respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed for the reasons stated in the memorandum opinion of that court ( 90 A.D.2d 587).

We would only add that section 6-146 of the Election Law requires a candidate nominated by a political party other than of a party of which he is an enrolled member to accept or decline that nomination "in a certificate signed and acknowledged by him." The statute further provides that failure to comply will render the nomination null and void. We have repeatedly said that statutory commands as to matters of content must be strictly complied with. ( Matter of Ruiz v Sachs, 43 N.Y.2d 894, 895; Matter of Hutson v Bass, 54 N.Y.2d 772, 774; Matter of Frome v Board of Elections of Nassau County, 57 N.Y.2d 741.) The courts enjoy no discretion to allow candidates to deviate from these legislative mandates.

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

Order affirmed, without costs, in a memorandum.

Use AI to get other relevant cases.

Comments

MATTER OF RHODES v. SALERNO
(Oct 15, 1982)