New York Court of Appeals, 1976

Cane v. Mahoney

New York Court of Appeals · Decided September 2, 1976

40 N.Y.2d 819; 355 N.E.2d 796; 387 N.Y.S.2d 567; 1976 N.Y. LEXIS 2990

Cases that cite this one

7 later published cases cite this decision.

Matter of Eisemann v. Kosinski (Appellate Division of the Supreme Court of New York 2023)
Scaturro v. Becker (Appellate Division of the Supreme Court of New York 2010)
Fehrman v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 2008)
Nicolai v. Kelleher (Appellate Division of the Supreme Court of New York 2007)
Nicolai v. Kelleher (Appellate Division of the Supreme Court of New York 2007)
Koppell v. Garcia (Appellate Division of the Supreme Court of New York 2000)
DiStefano v. Kiggins (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order affirmed, without costs. It does not appear that petitioner was a member of the Democratic Party, nor does she assert that she was entitled to the authorization of that party for designation as its candidate.1 In this circumstance petitioner lacks standing to raise any issue as to whether the filing of the Democratic Party’s certificate of authorization conformed to the provisions of subdivision 4 of section 137 of the Election Law (Matter of Wydler v Cristenfeld, 35 NY2d 719). It is of no consequence for present purposes that this proceeding was instituted under CPLR article 78 rather than pursuant to section 330 of the Election Law.

*821Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.