Opinion
March 11, 1986
Appeal from the Supreme Court, Rockland County (Edelstein, J.).
Judgment reversed, on the law, without costs or disbursements, petition granted, certificate of nomination declared invalid and the Clerk of the Village of Suffern is directed to remove the names of the respondent candidates from the appropriate ballots.
The failure to file a list of caucus participants as required by Election Law § 15-108 (2) (e) constitutes a fatal defect within the meaning of Election Law § 1-106 (2). The respondents' reliance upon the case of Matter of Sahler v. Callahan ( 92 A.D.2d 976) is misplaced. Sahler involved only a delay in filing, whereas, in the instant case, no list was ever filed. Accordingly, we declare the certificate of nomination to be invalid. Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.