| Matter of Fischer v Suffolk County Bd. of Elections |
| 2008 NY Slip Op 07943 [55 AD3d 759] |
| October 16, 2008 |
| Appellate Division, Second Department |
| In the Matter of Gregory John Fischer, Appellant, v SuffolkCounty Board of Elections et al., Respondents. |
—[*1]
In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petitiondesignating Gregory John Fischer as the candidate of the Democratic Party for the public office of StateSenator for the 1st Senatorial District, the petitioner appeals from a final order of the Supreme Court,Suffolk County (Weber, J.), entered August 19, 2008, which, among other things, denied the petition tovalidate and dismissed the proceeding.
Ordered that the final order is affirmed, without costs or disbursements.
The Supreme Court properly determined that the appellant's petition to validate was insufficientlypleaded as a matter of law. A validating petition must specify the individual determinations of a board ofelections that the candidate claims were erroneous, including the signatures that the candidate claimswere improperly invalidated (see Matter of Krueger v Richards, 59 NY2d 680, 682 [1983];Matter of Jennings v Board of Elections ofCity of N.Y., 32 AD3d 486 [2006]; Matter of Green v Mahr, 231 AD2d 480[1996]). Here, since the appellant's validating petition was not sufficiently particularized to give theSupreme Court and the parties notice of the determinations of the Suffolk County Board of Electionswhich were claimed to be erroneous or the signatures that the appellant claimed were improperlyinvalidated (see CPLR 3013), the petition to validate was properly denied by the SupremeCourt (see Matter of Jennings v Board of Elections of City of N.Y., 32 AD3d at 486-487;Matter of Jannaccio v Board of Elections of City of N.Y., 297 AD2d 355 [2002]; Matterof Green v Mahr, 231 AD2d at 480-481).
In light of this determination, we do not reach the appellant's remaining contentions. Fisher, J.P.,Miller, Dillon and Eng, JJ., concur.