Opinion
August 18, 1993
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the applications are granted, Arthur Bramwell and Gladys Pemberton are granted leave to intervene, and the Board of Elections of the City of New York is directed to afford the voters of the Republican Party the opportunity to ballot at the Republican Party primary election, to be held on September 14, 1993, for the public office of Kings County District Attorney.
Under the circumstances of this case, we find that the Supreme Court erred in denying the appellants' application to intervene (see, Matter of Ramos v Alpert, 41 A.D.2d 1012, 1013, affd 32 N.Y.2d 903). Further, the court improperly denied the appellants' application for the opportunity to ballot (see, Election Law § 6-164). The appellants' application, made immediately after the two sole candidates withdrew their designating petitions stipulating that their respective petitions were invalid due to technical defects, was timely under the circumstances (see, Matter of Pell v Coveney, 37 N.Y.2d 494; Matter of Palais v D'Apice, 112 A.D.2d 1078). Since the stipulation by the candidates would leave the Republican Party without a designated candidate at the general election, justice requires that the voters be afforded an opportunity to ballot at the primary election (see, Matter of Brown v Ulster County Bd. of Elections, 48 N.Y.2d 614; Matter of Hunting v Power, 20 N.Y.2d 680; Matter of Palais v D'Apice, supra). Bracken, J.P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.