Opinion
Argued August 30, 1978
Decided September 1, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MARTIN EVANS, J., EDWARD J. GREENFIELD, J.
Harry R. Pollack for appellant.
Allen G. Schwartz, Corporation Counsel (Dean L. Silverberg, Joseph F. Bruno, Richard B. Cohen and Eugene B. Nathanson of counsel), for Board of Elections of the City of New York, respondent.
Agostinho Dias Reis and Douglas A. Kellner for Alfred J. Perlen, respondent.
MEMORANDUM.
Orders of the Appellate Division affirmed, without costs. The statutory provisions for deferred effect of changed enrollments of voters previously registered are constitutional (Rosario v Rockefeller, 410 U.S. 752, reh den 411 U.S. 959; see Election Law, §§ 5-304, 5-308). Since the only candidate proposed to be designated was not an enrolled member of the party for the required period, the designating petition was invalid. For the consequences of such an invalid designating petition, see Matter of Di Lorenzo v Heffernan ( 187 Misc. 766, affd 271 App. Div. 802, affd 296 N.Y. 687). (Cf. Matter of Grieco v Bader, 43 Misc.2d 245, affd 21 A.D.2d 751; see, also, 1 Gassman, Election Law [2d ed], § 87, at p 480, 1977-1978 Cum Supp, at p 138.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Orders affirmed.