Opinion
Argued August 26, 1985
Decided August 28, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert C. Williams, J.
Lewis B. Oliver for H. Richard Barrett, appellant.
Paul A. Victor and Stanley Schlein for Fernando Ferrer and others, appellants.
Sanford S. Dranoff, Martin T. Johnson and Sheri Yodowitz for Dave Fromson, appellant.
Dennis E. Ward for Carol A. Siwek, appellant.
Frank V. Bifera for Nicholas Coluccio, respondent.
William J. Conboy, II, and F. Patrick Jeffers for Albany County Board of Elections, respondent.
Miguel A. Santiago for Jose Gonzalez, respondent.
J. Martin Cornell for John J. Cain and others, respondents.
Eugene F. Pigott, Jr., County Attorney ( John R. Drexelius, Jr., of counsel), for Erie County Board of Elections, respondent.
Michael L. Broderick for James D. Griffin, respondent.
MEMORANDUM.
The orders of the Appellate Divisions should be affirmed, without costs.
The common issue presented by these four appeals is whether the designating petition of a candidate, seeking party nomination for public office, should be invalidated on the ground that the petition cover sheet slightly understated the total number of signatures actually contained in the petition. This court, under circumstances closely analogous to those herein presented, has held an understatement of signatures to have constituted an inconsequential error which did not warrant invalidation of the designating petition. ( Matter of Jonas v Black, 63 N.Y.2d 685, affg 104 A.D.2d 466.) Accordingly, the petitions herein at issue satisfy the requirements of Election Law § 6-134 (2). ( See, Matter of Garrett v Alter, 65 N.Y.2d 529.)
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.
In each case: Order affirmed, without costs, in a memorandum.