Matter of Cane v. Mahoney

Full title: In the Matter of MARY E. CANE, Appellant, v. EDWARD J. MAHONEY et al.…

Court: Court of Appeals of the State of New York

Date published: Sep 2, 1976

40 N.Y.2d 819 (N.Y. 1976)

387 N.Y.S.2d 567

355 N.E.2d 796

Opinion

Argued September 1, 1976

Decided September 2, 1976

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN J. CALLAHAN, J.

Victor N. Farley for appellant.

William J. Diggins for Erie County Board of Elections, respondent.

James M. Shaw for Robert M. Jordan, respondent.

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. 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 N.Y.2d 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.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.