Opinion
September 11, 1981
Appeal from the Erie Supreme Court, Ostrowski, J.
Present — Dillon, P.J., Cardamone, Callahan, Denman and Schnepp, JJ. (Decided Aug. 26, 1981.)
Order unanimously reversed, without costs, and petition dismissed. Memorandum: Respondent Dosberg appeals from an order of the Erie Special Term granting the petition to invalidate his designating petitions on the ground that the additions made to previously subscribed witness statements (including those in which respondent himself was the subscribing witness) violate section 6-132 Elec. of the Election Law as interpreted in Matter of Sheldon v. Sperber ( 45 N.Y.2d 788). Special Term erred. Matter of Sheldon v. Sperber applies only to additions made to previously subscribed witness statements by "another in the witness' absence" (supra, p 789), and not to additions made to one's own statement. We find the other objections raised to be without merit.