Opinion
September 9, 1993
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the Board of Elections of the County of Suffolk is directed to restore the name of James F.X. Doyle to the appropriate ballot.
The failure of candidate James F.X. Doyle to list on certain of his designating petition sheets a committee to fill vacancies or at least three enrolled voters of the party as a committee to fill vacancies did not require the striking of the signatures on those sheets and the resulting invalidation of his petition where, as here, a vacancy which could be filled only by a committee to fill vacancies had not occurred (Election Law § 6-134). Mangano, P.J., Balletta, Eiber and Ritter, JJ., concur.