Opinion
October 7, 1992
Appeal from the Supreme Court, Monroe County, Affronti, J.
Present — Callahan, J.P., Boomer, Balio, Fallon and Doerr, JJ. (Filed Sept. 24, 1992.)
Order unanimously reversed on the law without costs, petition granted and designating petition invalidated. Memorandum: Petitioner appeals from the order dismissing his petition to invalidate respondent Viggiani's designating petition for Democratic candidate for the office of Monroe County Legislator representing the Eighth District.
Respondent did not satisfy the residency requirement at the time his designating petition was filed. Therefore, his designation was invalid (see, Matter of Reid v Richards, 89 A.D.2d 939; Matter of Brickman v Board of Elections, 248 App. Div. 467; see also, Matter of Burns v Wiltse, 303 N.Y. 319; Matter of Lindgren, 232 N.Y. 59; People v Purdy, 154 N.Y. 439).