Mahoney v. Lomenzo

Ellis J. Staley, Jr., J.

In this proceeding the petitioner seeks a declaratory judgment which would decree:

1. That it is the duty of the Secretary of State to certify the nomination of the Conservative party candidates for presidential and vice-presidential electors notwithstanding that said electoral candidates are not enrolled as members of the Conservative party and have not filed an acceptance of such nomination as provided in subdivision 1 of section 139 of the Election Law and

2. That the Conservative party may comply with the filing requirements of subdivision 9 of section 131 of the…