Opinion
Argued October 27, 1976
Decided October 27, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HENRY TASKER, J.
E. Thomas Boyle for appellants.
Robert A. Lifson for G. David De Bruin respondent.
Howard E. Pachman, County Attorney, for Board of Elections, respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed.
The record discloses that there were 1,617 signatures on the designating petition; 1,500 were required under the statute. It was stipulated at Special Term that 77 signatures were invalid. We conclude that another 150 signatures must be invalidated for omission or error with respect to the election district of subscribing witnesses (cf. Matter of Rutter v Coveney, 38 N.Y.2d 993). There accordingly were insufficient signatures to validate the petition. We neither reach nor consider the other issues tendered (see Matter of White v McNab, 40 N.Y.2d 912, decided herewith).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, without costs, in a memorandum.