Opinion
September 29, 1995
Appeal from the Supreme Court, Erie County, Notaro, J.
Present — Green, J.P., Pine, Lawton, Fallon and Wesley, JJ. (Filed Aug. 23, 1995.)
Order unanimously affirmed without costs. Memorandum: On appeal from an order dismissing his petition to declare a designating petition invalid, petitioner argues that Supreme Court erred in precluding him from raising objections to the designating petition for the first time at the hearing on his petition. We conclude that, under the facts of this case, petitioner was properly precluded from attempting to prove defects not listed in the specifications of objections before the Board of Elections or in the order to show cause (see, Matter of Suarez v Sadowski, 48 N.Y.2d 620; Matter of Levitt v Mahoney, 133 A.D.2d 516; Matter of Belak v Rossi, 96 A.D.2d 1011, lv denied 60 N.Y.2d 552).