Brandshaft v. Bivona (114 A.D.2d 529, 1985)

—In a proceeding to invalidate petitions designating Anthony J. Bivona, and others, as candidates of the Ratepayers against Lilco Party in the general election to be held on November 5, 1985, for certain public offices, the appeals are from (1) a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), dated October 1, 1985, which dismissed the proceeding on the ground that the petitioner lacked standing to bring this matter and (2) an order of the same court dated October 31, 1985, which denied petitioner’s motion, inter alia, for renewal.

Judgment reversed, on the law, without costs or disbursements, proceeding reinstated, and matter remitted to the Supreme Court, Suffolk County, for further proceedings forthwith.

Appeal from the order dismissed, without costs or disbursements, in light of our determination on the appeal from the judgment.

While petitioner has not filed a certificate stating his name and post-office address as he is directed to do by Election Law § 2-112 (1), he has standing to maintain the instant proceeding (see, Matter of Casey v Nuttall, 62 Misc 2d 386). That section provides no sanction for the failure to file names and addresses. Furthermore, as demonstrated by the exhibits submitted with these appeals, we note that petitioner is recognized and accepted by all parties involved, including the Suffolk County Board of Elections, to be the Chairman of the Huntington Town Republican Committee. As Chairman he was not required to file objections with the Board of Elections before commencing the instant proceeding to invalidate the designating petitions (Election Law § 16-102 [1]). Gibbons, J. P., Bracken, Kunzeman and Kooper, JJ., concur.