Opinion
April 24, 1996
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
We find that the Board of Elections in the City of New York improperly invalidated 61 signatures from the nominating petition because the wrong election district had been designated next to the signatures ( see, Falu v. Wagner, 185 A.D.2d 791; Rockefeller v. Powers, 917 F. Supp. 155, affd 78 F.3d 44; Schulz v. Berman, US Dist Ct., ND NY, Oct. 27, 1994, Cholakis, J., 94-CV-1201, affd 43 F.3d 1457) . These signatures are sufficient to render the petition valid, and, therefore, we need not address the remaining findings of the motion court, with which we do not concur.
Concur — Rosenberger, J.P., Rubin, Kupferman, Nardelli and Tom, JJ.