Matter of Schiliro v. Mazza, 421 N.E.2d 829 (NY 1981). · Go Syfert
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Matter of Schiliro v. Mazza, 421 N.E.2d 829 (NY 1981). Cases Citing This Book View Copy Cite
11 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: MATTER OF MASTER v. Pohanka (ny, 2008-06-10)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) MATTER OF MASTER v. Pohanka
NY · 2008 · confidence medium
Accordingly, because the Working Families Party rules do not conflict with Election Law § 6-120 (3), they must be *626 respected by the courts and given effect ( see Matter of Schiliro v Mazza, 53 NY2d 735, 736 [1981]).
discussed Cited as authority (rule) Pohanka v. Working Families Party
N.Y. App. Div. · 2006 · confidence medium
Contrary to the petitioners’ contention, the State Committee of the Working Families Party of New York State is empowered to amend its rules to permit it to issue certificates authorizing the nomination of candidates, inter alia, for county, town, and village elections, even though the candidate is not enrolled as a member of the Working Families Party of New York State (see Election Law § 6-120 [3]; Matter of Schiliro v Mazza, 53 NY2d 735, 736 [1981]; Independence Party State Comm. of State of N.Y. v Berman, 28 AD3d 556 [2006]; Matter of Donnelly v Curcio, 284 AD2d 460 [2001]; see also Mat…
Retrieving the full opinion text from the archive…
In the Matter of Thomas Schiliro Et Al., Appellants,
v.
Guy R. Mazza Et Al., Respondents
New York Court of Appeals.
Apr 3, 1981.
421 N.E.2d 829
APPEARANCES OF COUNSEL, James F. Cahill for appellants., Louis J. Castellano, Jr., for Guy R. Mazza, respondent., Edward G. McCabe, County Attorney, for Nassau County Board of Elections, respondent.
Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur Judge Meyer Taking No Part.
Cited by 9 opinions  |  Published

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.