Opinion
August 21, 1985
Appeal from the Supreme Court, Westchester County (Beisheim, J.).
Judgment affirmed, without costs or disbursements.
Petitioner commenced this proceeding after the Board of Elections of the County of Westchester invalidated his petition upon, among other grounds, the finding that 290 signatures on the petition were witnessed by a subscribing witness who resided outside of the 15th Legislative District. Petitioner alleges that this occurred because he obtained a representation from the Democratic Commissioner of the Board of Elections, Marion B. Oldi, that a subscribing witness need only be an enrolled Democratic voter in the City of Yonkers. Special Term found petitioner's contentions unpersuasive, and dismissed the petition.
We affirm.
Election Law § 6-132 (2) provides that the subscribing witness to a designating petition be "a resident of the political subdivision in which the office or position is to be voted for". This provision "is a substantive legislative requirement which may not be relaxed by the courts" ( Matter of Ryan v. Board of Elections, 53 N.Y.2d 515, 516). Although petitioner received incorrect information from the Board of Elections, this does not excuse his failure to comply with the statutory mandates ( see, Matter of Smith v. Mahoney, 60 N.Y.2d 596).
Petitioner's argument that a legislative district is not a "political subdivision" within the meaning of the statute is without merit ( see, Matter of Ryan v. Board of Elections, 53 N.Y.2d 515, supra [City Council district falls within ambit of statute]). Lazer, J.P., Bracken, Niehoff and Eiber, JJ., concur.