Opinion
August 24, 1994
Appeal from the Supreme Court, New York County (Martin Evans, J.).
The petitions show that the witness, Pauline Fernandez, resided at 17 East 128th Street, while certain sheets containing 71 signatures designated her residence as 11 East 128th Street. The subscribing witness testified that when she signed the petition she did not notice the error. It is apparent that the error is a clerical mistake which should not invalidate the signatures appearing on the petition. Obviously, there was no attempt to deceive or other evidence of fraud. (Matter of Orlando v. Power, 24 Misc.2d 39.)
Concur — Wallach, J.P., Asch, Rubin, Nardelli and Williams, JJ.