Opinion
August 21, 1985
Appeal from the Supreme Court, Westchester County (Dickinson, J.).
Cross appeal dismissed, without costs or disbursements ( see, Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539; CPLR 5511).
Judgment affirmed, without costs or disbursements.
It was stated on the cover sheet of the designating petition that it contained 343 signatures while the petition in fact contained 342 signatures. This de minimis error resulted from the misreading of the number "7" at the bottom of one of the signature pages as an "8". The error was innocent and was satisfactorily explained; it carried no potential for abuse or fraud nor any possibility of circumventing the statute's purposes. The petition complied with all other statutory requirements of the Election Law ( Matter of Staber v. Fidler, 110 A.D.2d 38; Matter of Comstock v. Wolf, 112 A.D.2d 1061; Matter of Fromson v. Lefever, 112 A.D.2d 1064; Matter of Jonas v. Black, 104 A.D.2d 466, affd 63 N.Y.2d 685).
We find no merit to respondent candidates' contention that appellants did not exercise due diligence under CPLR 308 (1) and (2) before effecting service pursuant to CPLR 308 (4) ( cf. Barnes v. City of New York, 70 A.D.2d 580, affd 51 N.Y.2d 906). Brown, J.P., O'Connor, Weinstein, Kunzeman and Kooper, JJ., concur.