Opinion
August 18, 1993
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the application is granted, and the Board of Elections of the County of Westchester is directed to remove the name of Thomas R. Daly from the appropriate ballot.
We conclude that the judgment must be reversed and the application granted (see, Matter of Krueger v Richards, 59 N.Y.2d 680; Matter of Ford v D'Apice, 133 A.D.2d 191). The proposed candidate failed to serve a petition or cross petition to validate the designating petition, which would have required that he specify the signatures which he claimed the Board of Elections had erroneously invalidated. Instead, after the 14-day statutory time period had elapsed (see, Election Law § 16-102), he served an answer to the petition to invalidate containing a counterclaim alleging, in general terms, that the Board of Elections had erred by invalidating certain signatures. Further, we find no unique circumstances, such as those present in Matter of Halloway v Blakely ( 77 A.D.2d 932), and Matter of Pell v Coveney ( 37 N.Y.2d 494), which would warrant a contrary result. Mangano, P.J., Thompson, Lawrence and Pizzuto, JJ., concur.