Opinion
September 9, 1992
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the application to invalidate is denied, the application to validate is granted, and the Nassau County Board of Elections is directed to place the name of Robert Previdi on the appropriate ballot.
The Supreme Court found that, while two sheets of the designating petition each contained three invalid signatures, the irregularities were not the result of fraud on the part of either of the two subscribing witnesses, one of whom was the candidate. We agree that the six invalid signatures were not the result of fraud (see, Matter of Rodriguez v Harris, 51 N.Y.2d 737, 738; Matter of O'Donnell v Ryan, 19 A.D.2d 781, affd 13 N.Y.2d 885; Matter of Contessa v Power, 25 Misc.2d 93, 97; cf., Matter of Lerner v Power, 22 N.Y.2d 767, 768; Matter of Hass v Costigan, 14 A.D.2d 809, 810, affd 10 N.Y.2d 889). Therefore, we find that the court improperly struck the two pages on which the signatures appear. Only the invalid signatures should have been stricken, leaving the candidate with 628 signatures, three more than the required 625 (see, Matter of Ferraro v McNab, 96 A.D.2d 917, affd 60 N.Y.2d 601; Matter of Cole v Winfield, 201 Misc. 1049, 1052, affd 280 App. Div. 883, affd 304 N.Y. 721). Mangano, P.J., Thompson, Sullivan, Lawrence and Pizzuto, JJ., concur.