Rhodes v. Salerno
Cases that cite this one
14 later published cases cite this decision.
- Flach v. DeBenedictus (Appellate Division of the Supreme Court of New York 1999)
- Maher v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 2014)
- Maher v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 2014)
- Dixon v. Clyne (Appellate Division of the Supreme Court of New York 2011)
- Biamonte v. Savinetti (Appellate Division of the Supreme Court of New York 2011)
- Williams v. Westchester County Board of Elections (Appellate Division of the Supreme Court of New York 2009)
- Hockley v. Westchester County Board of Elections (Appellate Division of the Supreme Court of New York 2009)
- Carnahan v. Ward (Appellate Division of the Supreme Court of New York 2007)
- Justice v. Gamache (Appellate Division of the Supreme Court of New York 2007)
- Breslin v. Conners (Appellate Division of the Supreme Court of New York 2004)
- Deborah S. v. Diorio (Civil Court of the City of New York 1992)
- Loughran v. Mahoney (Appellate Division of the Supreme Court of New York 1989)
- Radimak v. Nassar (Appellate Division of the Supreme Court of New York 1986)
- Di Lucia v. New York State Board of Elections (Appellate Division of the Supreme Court of New York 1986)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed for the reasons stated in the memorandum opinion of that court (90 AD2d 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 NY2d 894, 895; Matter of Hutson v Bass, 54 NY2d 772, 774; Matter of Frome v Board of Elections of Nassau County, 57 NY2d 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.