Opinion
August 18, 1998
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the order and judgment is affirmed insofar as reviewed, without costs or disbursements; and it is further,
Ordered that the cross appeal is dismissed as academic, in light of our determination of the appeal, without costs or disbursements.
The petitioner's general objections were mailed to the New York State Board of Elections. The absence of a postmark on the envelope as required by statute was a "fatal defect" under Election Law § 1-106 Elec. (2), and therefore the New York State Board of Elections properly rejected the general objections ( see, Matter of Hogan v. Goodspeed, 196 A.D.2d 675; Matter of Persichetti v. Bollatto, 109 A.D.2d 811). Accordingly, the Supreme Court correctly concluded that the proceeding should be dismissed because the petitioner lacks standing ( see, Matter of Bennett v. Justin, 51 N.Y.2d 722; Matter of Zogby v. Longo, 154 A.D.2d 889).
In light of our determination that the proceeding was properly dismissed, we do not reach the contention of Ricardo "Ricky" Sanchez that the proceeding was not timely commenced.
Bracken, J.P., Altman, McGinity and Luciano, JJ., concur.