Opinion
August 23, 1995
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The order to show cause in this proceeding, dated July 28, 1995, authorized service by the candidate upon the appellant by affixing the papers to the door of the appellant's residence and mailing the papers to the appellant by certified mail, return receipt requested, on or before 11:59 P.M. on July 28, 1995. The return date of the proceeding was August 2, 1995. On July 28, 1995, the candidate affixed the papers to the door of the appellant's residence and mailed the papers to the appellant. The candidate's service upon the appellant was proper and in compliance with the order to show cause. Adequate notice of the proceeding was given to the appellant five days prior to the return date (see, Matter of Serri v. Heffernan, 298 N.Y. 629; Matter of O'Connor v. Power, 30 A.D.2d 926, affd 22 N.Y.2d 889; Matter of Tinari v. Berger, 196 A.D.2d 622; Matter of Foris v Power, 35 A.D.2d 734).
Moreover, the designating petition adequately describes the office for which the candidate seeks to be nominated, and avoids any reasonable probability of confusion (see, Matter of Liepshutz v. Palmateer, 112 A.D.2d 1101, affd on other grounds 65 N.Y.2d 965; see also, Matter of Ciccotti v. Havel, 186 A.D.2d 979; Matter of Donnelly v. McNab, 83 A.D.2d 896). Balletta, J.P., Copertino, Hart, Krausman and Florio, JJ., concur.