Opinion
Argued August 30, 1978
Decided September 1, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, AARON F. GOLDSTEIN, J.
Milton E. Jacobowitz for appellants.
Sidney Baumgarten and Maurice Chayt for respondents.
MEMORANDUM.
Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division.
The unsworn statement of a subscribing witness to a designating petition is a formal act requiring compliance with prescribed statutory procedure. Section 6-132 of the Election Law mandates that, preceding his or her signature, a subscribing witness state his or her name, party enrollment, residence, election district, ward or assembly district, city or town, county, the number of signatures witnessed and the date. The addition of this information subsequent to the signature of the subscribing witness by another in the witness' absence is a nullity, rendering the witnessed signatures invalid. (E.g., Matter of Anderson v Power, 1 A.D.2d 603, affd 1 N.Y.2d 868.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, without costs, in a memorandum.