Opinion
August 23, 1989
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
There is no reason to disturb the Supreme Court's determination to afford Democratic voters an opportunity to ballot at the primary election (see, Election Law § 16-100; Matter of Brown v. Ulster County Bd. of Elections, 48 N.Y.2d 614). Such relief was properly granted where, as here, the candidate's petition was invalidated after a technical challenge and there has been the "intention * * * manifested to nominate some candidate" by the political party involved (Matter of Hunting v. Power, 20 N.Y.2d 680, 681; Matter of Palais v. D'Apice, 112 A.D.2d 1078; cf., Matter of Santoro v. Kujawa, 133 A.D.2d 534). Kunzeman, J.P., Eiber, Spatt, Harwood and Balletta, JJ., concur.