Opinion
August 23, 1995
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the proceeding is dismissed, and the Board of Elections is directed to place the name of Arnaldo A. Ferraro on the appropriate ballot.
The petitioners were required to file an order to show cause and a petition with the Clerk of the Court to commence this proceeding, and their failure to do so renders this proceeding jurisdictionally defective (see, CPLR 304; Matter of Zicari v Stewart, 207 A.D.2d 951; Matter of Isabella v. Hotaling, 207 A.D.2d 648).
In light of our determination, we need not reach the parties' remaining contentions. Bracken, J.P., O'Brien, Santucci, Joy and Friedmann, JJ., concur.