Opinion
October 2, 1998
Appeal from Order of Supreme Court, Stueben County Scudder, J. — Election Law.
Present — Green, J. P., Wisner, Pigott, Jr., Callahan and Boehm, JJ. (Filed Sept. 4, 1998.)
Cross appeal unanimously dismissed ( see, CPLR 5511; Town of Massena v. Niagara Mohawk Power Corp., 45 N.Y.2d 482, 488; Matter of Brown v. Starkweather, 197 A.D.2d 840, 841, lv denied 82 N.Y.2d 653) and amended order affirmed without costs. Memorandum: At the outset, we note that respondent James R. Pierce, Sr. appeals from an order that was superseded by an amended order. The appeal properly lies from the amended order ( see, Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051). In the exercise of our discretion, we deem the appeal as taken from the amended order ( see, CPLR 5520 [c]; Hughes v. Nussbaumer, Clarke Velzy, 140 A.D.2d 988).
Supreme Court properly declared invalid the designating petition of Pierce for the Republican primary election ballot for the office of Member of Congress in the 31st Congressional District. The statement of a subscribing witness pursuant to Election Law § 6-132 (2), particularly that portion setting forth the total number of signatures on a sheet of a designating petition, is "[e]ssential to the integrity of the petition process" ( Matter of Jonas v. Velez, 65 N.Y.2d 954, 955; see, Matter of Shoemaker v. Longo, 186 A.D.2d 979, lv denied 80 N.Y.2d 755). Here, a number of the sheets of the designating petition contain alterations to that portion of the statement of the subscribing witness setting forth the total number of signatures on the sheet, and those alterations are neither initialed nor explained by the subscribing witness. Thus, those sheets of the designating petition containing the alterations are invalid ( see, Matter of Jonas v. Velez, supra; Matter of Shoemaker v. Longo, supra). As a result, the designating petition contains fewer than the minimum number of signatures required to validate the petition.