Opinion
August 22, 1980
In a proceeding, inter alia, to invalidate a petition designating Steven Lewins as a candidate in the Democratic Party primary election to be held on September 9, 1980, for the public office of Town Councilman, Town of Cortlandt, the appeals are from a judgment of the Supreme Court, Westchester County, dated August 14, 1980, which, inter alia, granted the application but directed the Board of Elections to "afford the [enrolled members of the] Democratic Party the opportunity to ballot by permitting them to write in the names of candidates for the office of Town Councilman". Judgment affirmed, without costs or disbursements. Special Term did not abuse its discretion in denying the motion of Steven Lewins to amend his answer to allege facts purporting to show that petitioner had no standing to institute this proceeding. The motion was not made until after two hearings had been concluded. We are in accord with Special Term's invalidation of Lewins' designating petition (see Matter of Finneran v Hayduk, 64 A.D.2d 937, affd 45 N.Y.2d 797; Matter of Vari v Hayduk, 42 N.Y.2d 980; Matter of Rutter v. Coveney, 38 N.Y.2d 993; Matter of Blue v. Wilkins, 71 A.D.2d 935). The invalidation of Lewins' petition would have the effect of depriving the enrolled members of the Democratic Party in the Town of Cortlandt of the opportunity to name a candidate for Town Councilman and would have thus effectively disenfranchised them with respect to this public office in the November election. Under all of the circumstances, Special Term's further directive that the Board of Elections afford the enrolled members of the Democratic Party the opportunity to ballot by permitting them to write in the names of candidates for the office of Town Councilman was a proper and valid exercise of its authority (Matter of Hunting v. Power, 20 N.Y.2d 680; Matter of Brown v. Ulster County Bd. of Elections, 48 N.Y.2d 614). Mollen, P.J., Damiani, Mangano, Gulotta and Weinstein, JJ., concur.