Opinion
September 7, 1988
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the cross appeal is dismissed, without costs or disbursements (see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539); and it is further,
Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
Prior to the line-by-line hearing conducted by the Trial Judge pursuant to the order of this court (see, Matter of Smith v Marchi, 143 A.D.2d 239), the Trial Judge denied the objectors' application to assert an additional challenge to 31 signatures to which objections previously had been made. This challenge was based on the contention that the same 31 voters had, in fact, signed another candidate's petition at an earlier point in time (see, Election Law § 6-134). It is settled that the trial court has jurisdiction to entertain objections to signatures on designating petitions on grounds other than those asserted before the Board of Elections and, under the circumstances, we conclude that the court should have addressed the objectors' additional challenges (see, Matter of Starr v Board of Elections, 89 A.D.2d 978; Matter of Halloway v Blakely, 77 A.D.2d 932; Matter of Flowers v Wells, 57 A.D.2d 636).
Further, the trial court erroneously concluded that subscribing witness Jessie M. Conley was not, at the time she circulated the petition, an enrolled Democrat (see, Matter of Delosrios v Santiago, 89 A.D.2d 976), and, therefore, improperly invalidated certain signatures witnessed by her and refused to rule upon the Referees' invalidation of other signatures witnessed by her.
We therefore remit this matter to the Supreme Court, Kings County, for an immediate hearing on the validity of the signatures placed in issue by both parties and for a determination of the validity of the subject designating petition consistent herewith.
We have considered the remaining arguments asserted by the parties and find them to be without merit. Bracken, J.P., Rubin, Spatt, Harwood and Balletta, JJ., concur.