Opinion
September 11, 1975
Appeal from the Erie Special Term.
Present — Marsh, P.J., Moule, Mahoney, Goldman and Witmer, JJ. (Order entered August 27, 1975.)
Order unanimously reversed, without costs, and petitions validated. Memorandum: In this proceeding commenced by petitioner, Robert D. Kolken, candidate for the Republican Party nomination for the position of Associate Judge of the City Court of Buffalo, Special Term invalidated the designating petitions of appellants, Alois C. Mazur, Samuel L. Green and John A. Ramunno, on the ground of insufficient valid signatures. The burden of proof in a proceeding to invalidate designating petitions is upon the person challenging them (Matter of Molloy v Lawley, 32 A.D.2d 175, revd on other grounds 25 N.Y.2d 814; Civilette v Caccamise, 42 A.D.2d 1026). Petitioner has failed to sustain his burden of establishing substantial noncompliance with the Election Law (Matter of Rothstein v Chiavaroli, 41 A.D.2d 1024; Matter of Manz v Lawley, 17 A.D.2d 719). A petition designating candidates for public office will not be invalidated because an authenticating witness erroneously describes himself as notary public rather than a commissioner of deeds (Matter of Cubisino v Cohen, 47 N.Y.S.2d 952, affd 267 App. Div. 891) nor because a subscribing witness employs a shorthand form of his or her given name (Election Law, § 138-a; Matter of McManus v DeSapio, 13 Misc.2d 513, affd 7 A.D.2d 613, affd 5 N.Y.2d 773). "In the absence of allegations of fraud, substantial compliance with the Election Law is sufficient. The People's will should not be fettered by technicalities requiring precise compliance." (Matter of Rosen v McNab, 25 N.Y.2d 798, 799; Matter of Lloyd v Power, 37 A.D.2d 792; Matter of Reed v Power, 37 A.D.2d 793). The order appealed from is reversed and the Board of Elections directed to place the names of appellants Mazur, Ramunno and Green on the ballot.