Opinion
August 22, 1984
Appeal from the Supreme Court, Kings County (Kramer, J.).
Judgment reversed, insofar as appealed from, on the law, without costs or disbursements, application granted, and the Board of Elections is directed to place the names of Sidney Jonas and Paul Van Blake on the appropriate ballots.
Twenty-two signatures were required on petitioners' designating petition. They submitted 45 signatures on 18 consecutively numbered pages in one volume. The volume also included two unnumbered sheets containing a total of five signatures. The unnumbered sheets and the signatures appearing thereon were not counted in the computation of the total pages and signatures as stated on the cover sheet. Special Term held there were no valid signatures because the inclusion of the unnumbered pages containing signatures constituted a failure to comply with the provisions of subdivision 2 of section 6-134 Elec. of the Election Law requiring the consecutive numbering of pages and that the cover sheet state the number of pages and signatures.
We disagree. Under the circumstances, the inadvertent inclusion of superfluous pages and unclaimed signatures constituted inconsequential error. There was substantial compliance with subdivision 2 of section 6-134 Elec. of the Election Law ( Matter of Rosen. v McNab, 25 N.Y.2d 798; Matter of Reed v Power, 37 A.D.2d 793; Matter of Kantrowitz v Goldin, 47 Misc.2d 658, aff'd 24 A.D.2d 735, aff'd 16 N.Y.2d 841). Bracken, J.P., O'Connor, Niehoff and Boyers, JJ., concur.