Opinion
August 20, 1997
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the petitions are granted, and the Westchester County Board of Elections is directed to remove the name of Carmen R. Scaghone from the appropriate ballots.
The appellant, a candidate for the Office of Member of the Westchester County Legislature, 5th Legislative District, was an aggrieved candidate and was therefore not required to file objections pursuant to Election Law § 6-154 in order to commence these proceedings challenging three separate designating petitions ( see, Election Law § 16-102; Matter of Liepshutz v Palmateer, 65 N.Y.2d 963; Scoville v. Cicoria, 65 N.Y.2d 972; Matter of Parker v. Savago, 143 A.D.2d 439, 440-441; Matter of Martin v. Tutunjian, 89 A.D.2d 1034).
Further, the appellant has sufficiently shown that Carmen R. Scaghone participated in fraudulent conduct to warrant removing her from the ballots ( see, Matter of Bynoe v. Board of Elections, 164 A.D.2d 929; Matter of MacDougall v. Board of Elections, 133 A.D.2d 198; Matter of Layden v. Gargiulo, 77 A.D.2d 933).
Bracken, J.P., Copertino, Altman, McGinity and Luciano, JJ., concur.