Opinion
December 20, 1985
Appeal from the Supreme Court, Monroe County, Galloway, J.
Present — Doerr, J.P., Green, O'Donnell, Pine and Schnepp, JJ. (Order entered Dec. 13, 1985.)
Order unanimously reversed, on the law, without costs, and petition reinstated. Memorandum: Special Term incorrectly concluded that the petition was insufficient. In our view the petition taken as a whole permitted the court to reach the merits. Pleadings should be liberally construed (CPLR 3026; see, H.M. Brown, Inc. v Price, 38 A.D.2d 680).
Furthermore, it was not necessary for petitioner to object in order to preserve the right for judicial review. Election Law § 16-106 allows a proceeding to protest the actions of the Board for the first time in Supreme Court.