Opinion
March 12, 1971
In a proceeding by the candidate for Mayor of the Village of Lynbrook named in an independent nominating petition under the name of Home Party of Lynbrook, Inc. to invalidate the petitions of the United Home Party nominating appellant Michael Kostyrka as its candidate for the public office of Mayor and appellants Friel and Jeanette P. Kostyrka as its candidates for the public office of Trustee of the village, the appeal is from a judgment of the Supreme Court, Nassau County, entered March 10, 1971, which prohibited the respondent Village Clerk from placing appellants' names on the ballot on the ground that there is confusion in the use of the name United Home Party and that its use would not lend itself to an orderly election. Judgment reversed, on the law and the facts, without costs, and petition granted solely to the extent of striking from the name "United Home Party", the word "Home", and directing the placing of appellants' names on the ballot solely under the name of the "United Party". In our opinion, the striking of the word "Home" from the name "United Home Party" will eliminate any possible confusion in the minds of the electorate (cf. Matter of Marcantonio v. Heffernan, 192 Misc. 868, affd. 274 App. Div. 880, affd. 298 N.Y. 661). Latham, Acting P.J., Shapiro, Gulotta, Brennan and Benjamin, JJ, concur.