Summary
In Matter of Rhodes v. Salerno (57 N.Y.2d 885), a certificate of acceptance under Election Law § 6-146 (1) which contained the candidate's signature was invalidated due to the absence of the required acknowledgement.
Summary of this case from Matter of Flach v. DeBenedictusOpinion
Argued October 13, 1982
Decided October 15, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT C. WILLIAMS, J.
Lanny E. Walter for appellant.
Thompas P. Zolezzi for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed for the reasons stated in the memorandum opinion of that court ( 90 A.D.2d 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 N.Y.2d 894, 895; Matter of Hutson v Bass, 54 N.Y.2d 772, 774; Matter of Frome v Board of Elections of Nassau County, 57 N.Y.2d 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.