Opinion
August 20, 1987
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
In this matter the Supreme Court sustained the finding of the Board of Elections that a petition purporting to designate Neal Schwarzfeld as Democratic candidate for the public office of Member of the County Legislature from the 11th Legislative District, contained an insufficient number of valid signatures. The court, however, then granted the candidate's request to give enrolled voters of the Democratic Party an opportunity to ballot (see, Election Law § 16-100). Under the circumstances of this case we conclude that the court did not abuse its discretion in so doing (see, Matter of Brown v. Ulster County Bd. of Elections, 48 N.Y.2d 614, 616). Brown, J.P., Weinstein, Eiber and Kooper, JJ., concur.