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  5. 76 N.Y.2d 848 (1990)
 

MATTER OF PLUNKETT v. MAHONEY

76 N.Y.2d 848 (1990)

In the Matter of John M. Plunkett, Appellant-Respondent, v. Edward J. Mahoney et al., Constituting the Board of Elections of the County of Erie, Respondents, and Vincent J. Sorrentino, as Chairman of the Erie County Democratic Party, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided August 30, 1990.

Attorney(s) appearing for the Case

John M. Plunkett, pro se, and C. Russell Kelleran, Jr., for John M. Plunkett, appellant-respondent.

Dennis E. Ward for respondents-appellants.

Patrick F. NeMoyer, County Attorney, for respondents.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA. Judge HANCOCK, JR., dissents in part and votes to affirm in a memorandum in which Judge TITONE concurs.

Order modified, without costs, by denying the cross petition for the reasons stated in the dissenting in part memorandum by Justices Boomer and Lowery at the Appellate Division (___ AD2d ___) and, as so modified, affirmed. We add only that failure to timely file a certificate of authorization, which was required in this instance in order for there to be a valid designating petition (Election Law § 6-120 [3]), constituted a "fatal defect" under Election Law § 1-106...

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