Opinion
Argued April 26, 1983
Decided April 27, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ARTHUR S. HIRSCH, J.
Saul Rudes for appellant.
Robert Schmukler for David Kaplan, respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs.
Appellant filed designating petitions for a seat on the school board of Community School District No. 15 in Brooklyn. On a number of petitions, sufficient to affect the validity of appellant's candidacy, the subscribing witness transposed the numbers of his election district and his assembly district. This defect is fatal. The provisions of the Election Law governing the nomination of candidates apply to the election of community school board members (see Education Law, § 2590-c, subd 6, par [31]). It is established that the requirement of subdivision 1 of section 6-140 of the Election Law that the subscribing witnesses set forth their election and assembly districts on designating petitions is to be strictly enforced (see Matter of Higby v Mahoney, 48 N.Y.2d 15).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Judge FUCHSBERG taking no part.
Order affirmed, without costs, in a memorandum.