Opinion
March 12, 1971
In a proceeding by a candidate for Trustee of the Village of Flower Hill to direct the Clerk of the Village of Flower Hill to remove the name of respondent Norman Rowe from the ballot for the election of Trustees in the village, the Village Clerk appeals from a judgment of the Supreme Court, Nassau County, dated March 12, 1971, which (1) granted the petition, (2) directed that the name of respondent Norman Rowe be struck from the ballot because the petitions nominating him failed to set forth the place of business of the proposed candidate and (3) adjudged that petitioner is permitted to file acceptance of his nomination nunc pro tunc. Judgment modified, on the law and the facts, by striking therefrom the decretal provisions as to Norman Rowe and substituting therefor a provision directing that Norman Rowe's name be placed on the ballot. As so modified, judgment affirmed, without costs. In our opinion, under the facts and circumstances of this case, there has been substantial compliance with the provisions of section 138 of the Election Law. Latham, Acting P.J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.