Opinion
September 10, 1982
Appeal from the Onondaga Supreme Court, Aloi, J.
Present — Dillon, P.J., Callahan, Doerr, Denman and Moule, JJ.
Order unanimously affirmed, without costs. Memorandum: Petitioners appeal from an order of Special Term which denied their application for an order validating their petition for an opportunity to ballot. The failure of the subscribing witness to the petition to date his signature renders the petition invalid (see Election Law, § 6-132; Matter of Sortino v Chiavaroli, 42 N.Y.2d 982). The subscribing witness' affidavit which supplied the missing date does not cure the fatal defect since it was filed after the last day provided by law for filing the petition ( Matter of Sortino v Chiavaroli, supra).