Opinion
September 14, 1979
Appeal from the Erie Supreme Court.
Present — Dillon, P.J., Hancock, Jr., Doerr and Witmer, JJ. (Decided Aug. 22, 1979.)
Order unanimously reversed, without costs, and petition dismissed. Memorandum: Petitioner seeks to have his designating petition validated for the position of councilman in the Town of Orchard Park, which is wholly within one assembly district. The election district number was inserted in the statement of each subscribing witness but the number of the assembly district was omitted. For the reasons stated in Matter of Vari v. Hayduk ( 59 A.D.2d 571) we would affirm; but under constraint of the reversal of that decision ( 42 N.Y.2d 980) and similar holdings by the Court of Appeals in Matter of Morris v. Hayduk ( 45 N.Y.2d 793) and Matter of Rutter v. Coveney ( 38 N.Y.2d 993) we reverse.