Opinion
September 11, 1981
Appeal from the Erie Supreme Court, Joslin, J.
Present — Dillon, P.J., Cardamone, Callahan, Denman and Schnepp, JJ. (Decided Aug. 26, 1981.)
Order unanimously affirmed, without costs. Memorandum: Petitioner Pittman appeals from an order of Special Term dismissing his petition to invalidate the designating petition of respondent Bassett. Petitioner challenged the validity of certain signatures on a variety of grounds. Special Term found 573 valid signatures, 500 being required for designation. We find that 59 of the 573 signatures are invalid because of uninitialed, unexplained alterations (Matter of Klemann v. Acito, 64 A.D.2d 952, affd 45 N.Y.2d 796; Matter of Nobles v. Grant, 57 A.D.2d 600, affd 41 N.Y.2d 1048). Two additional signatures must be invalidated because they were not executed by the named person. With these deletions, there remain 512 signatures, a number sufficient to validate the petition. We have carefully considered petitioner's other arguments and find them to be without merit (Matter of Sharpton v. Previte, 64 A.D.2d 939; N.Y. Legis Ann, 1976, p 180).