Opinion
August 21, 1985
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Judgment affirmed, without costs or disbursements.
Petitioners claim that the respondent candidates' designating petitions should be invalidated under Election Law §§ 16-102 and 16-116 due to alleged violations of Election Law § 2-126 involving use of party funds in a primary campaign. Petitioners' claim is without merit. It would appear from the wording of Election Law article 16 that the provisions therein were intended by the Legislature to deal exclusively with frauds or irregularities in the actual voting process and were not intended to cover the circumstances herein ( see, Matter of Lisa v. Board of Elections, 54 A.D.2d 746, 747, affd 40 N.Y.2d 911). Therefore, the proceeding was properly dismissed. Mollen, P.J., Mangano, Thompson, Rubin and Lawrence, JJ., concur.