New York Court of Appeals, 1981

MATTER OF SCHILIRO v. Mazza

New York Court of Appeals · Decided April 3, 1981 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur Judge Meyer Taking No Part

53 N.Y.2d 735; 421 N.E.2d 829; 439 N.Y.S.2d 337; 1981 N.Y. LEXIS 2368

Cases that cite this one

9 later published cases cite this decision.

Serrano v. Cuttita (New York Supreme Court 1990)
MATTER OF MASTER v. Pohanka (N.Y. 2008)
Conroy v. State Committee of the Independence Party (Appellate Division of the Supreme Court of New York 2007)
Conroy v. State Committee of the Independence Party (Appellate Division of the Supreme Court of New York 2007)
Pohanka v. Working Families Party (Appellate Division of the Supreme Court of New York 2006)
New York State Working Families Party State Committee v. Berman (Appellate Division of the Supreme Court of New York 2004)
Francisco v. Tutunjian (New York Supreme Court 1989)
Bachmann v. Coyne (Appellate Division of the Supreme Court of New York 1984)
Dusanenko v. Le Fever (Appellate Division of the Supreme Court of New York 1981)

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

OPINION OF THE COURT

Memorandum.

The order should be affirmed, without costs.

This appeal, here by permission of the Appellate Division, Second Department, from an order of that court which unanimously affirmed, without opinion, a judgment of the Supreme Court, Nassau County, raises no novel or complex issues of law. The rules of the Right to Life Party expressly permitted the State chairman to nominate the party’s candidate in this special election. These rules must be given effect by the courts (Election Law, § 6-120, subd 3; Democratic Party of U. S. v La Follette, 450 US 107; Matter of Kohler v McNab, 48 NY2d 625, 626). The certificate of nomination was executed by the State chairman in accordance with such rules and statutory law (Election Law, *737 § 6-156, subd 1; § 6-120, subd 3; cf. Matter of McGovern [Olson], 291 NY 104). In short, none of the technical objections justify invalidating the nomination (Matter of Gresser v Cohen, 275 NY 440, 445).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur; Judge Meyer taking no part.

Order affirmed, without costs, in a memorandum.

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