Opinion
August 24, 1989
Appeal from the Supreme Court, Westchester County (Nastasi, J., Burrows, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court did not improvidently exercise its discretion in denying the petitioners' application for an opportunity to ballot. The Westchester County Board of Elections struck down more than half of the signatures on the designating petition, including those of 183 persons who either resided outside the 11th County Legislative District or were not registered in the Democratic Party. The signatures remaining were well under the number of valid signatures required. Although the court has the power to authorize an opportunity to ballot under certain circumstances (see, Matter of Hunting v. Power, 20 N.Y.2d 680), here, unlike in Matter of Hunting v. Power (supra) and Matter of Venezia v. Albanese ( 153 A.D.2d 723), "there was no ostensibly viable candidacy nullified by technical challenge, thereby depriving the party's voters of their manifest intent to field a candidate" (Matter of Hochberg v. D'Apice, 112 A.D.2d 1067, 1068; see also, Matter of Quaglia v. Lefever, 143 A.D.2d 238). Kunzeman, J.P., Eiber, Spatt, Harwood and Balletta, JJ., concur.