Opinion
August 20, 1997
Appeal from the Supreme Court, Rockland County (Rosato, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The opportunity to ballot remedy is to be used only in exceptional cases where the defects in the designating petition are technical in nature ( see, Matter of Plunkett v. Mahoney, 76 N.Y.2d 848). The failure to timely file a certificate of authorization, which was required in order for there to be a valid designating petition in the instant matter ( see, Election Law § 6-120), constituted a "fatal defect" under Election Law § 1-106 (2), rather than a technical defect ( see, Matter of Plunkett v. Mahoney, supra). Accordingly, the Supreme Court properly invalidated the petition for an opportunity to ballot.
Mangano, P.J., Thompson, Pizzuto, Krausman and Goldstein, JJ., concur.