Opinion
September 30, 1994
Appeal from the Supreme Court, Erie County, Notaro, J.
Present — Denman, P.J., Balio, Wesley, Callahan and Davis, JJ. (Filed Sept. 7, 1994.)
Order unanimously reversed on the law without costs, petition granted and designating petition validated. Memorandum: Petitioners appeal from an order of Supreme Court dismissing their petition on the ground that petitioners failed to explain the alteration of the candidate's residence from "Reed Street" to "Reed Avenue." The petition with 25 signatures is valid. The subscribing witness's failure to initial the modifications that changed petitioner Merry's address from "61 Reed Street" to "61 Reed Avenue" was inconsequential and did not mislead or confuse the signatories with respect to the identity of the candidate (see, Matter of Ferris v. Sadowski, 45 N.Y.2d 815; Matter of Bachety v. Canary, 112 A.D.2d 1058, lv denied 65 N.Y.2d 607; Matter of Harfmann v. Sachs, 138 A.D.2d 551, lv denied 71 N.Y.2d 803; Matter of Brewster v. Cayuga County Bd. of Elections, 83 A.D.2d 983, lv denied 54 N.Y.2d 603).