Opinion
August 19, 1987
Appeal from the Supreme Court, Suffolk County (Geiler, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the Suffolk County Board of Elections is directed to place the name of the appellant George P. Schimpf on the appropriate ballot.
Upon the declination of another person, the appellant Schimpf was designated as a candidate in the Conservative Party primary election for the public office of County Legislator for the 8th Legislative District, whereupon he filed an acknowledged, signed certificate in which he consented to the substitution and accepted the designation. Under these facts, the substituted candidate's specific consent and acceptance comported with the statutory requirements (see, Election Law § 6-146; § 6-148 [5]), and the designating petition should not have been invalidated. Mollen, P.J., Mangano, Thompson, Lawrence and Sullivan, JJ., concur.