Opinion
August 21, 1991
Appeal from the Supreme Court, Nassau County (Yachnin, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Initially, we hold that these consolidated proceedings are not jurisdictionally defective merely because the order to show cause in Proceeding No. 2, which was amended by the court at the petitioners' request after they were unable to personally serve certain candidates, provided for service pursuant to CPLR 308 (4) on or before August 5, 1991, the last date upon which such a proceeding could be timely commenced (see, Matter of Fuentes v D'Apice, 122 A.D.2d 904; Matter of Gucciardo v Wolf, 162 A.D.2d 570; Matter of Pell v Coveney, 37 N.Y.2d 494).
However, with respect to the merits of the case, we find that a fraud was committed on the enrolled voters of the Conservative Party of Nassau County when the names of certain persons, including the Nassau County Chairman of the Conservative Party, were placed on the offending designating petition without their consent. The designating petition was therefore misleading in suggesting "that the various candidates listed intended to run together" (Matter of Richardson v Luizzo, 64 A.D.2d 942, 943, affd 45 N.Y.2d 789; Matter of Lufty v Gangemi, 35 N.Y.2d 179, 182). Mangano, P.J., Thompson, Sullivan and Lawrence, JJ., concur.