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MATTER OF COSGROVE v. SUNDERLAND

253 A.D.2d 504 (1998)

676 N.Y.S.2d 868

In the Matter of Joseph D. Cosgrove, Respondent, v. Carolee C. Sunderland et al., Respondents, and Dennis R. Gallego, Sr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 18, 1998

Ordered that the judgment is reversed, on the law, the petition is denied, and the proceeding is dismissed, without costs or disbursements.

The failure to timely file a certificate of authorization, which was required for a valid designating petition (see, Election Law § 6-120 [3]), constituted a "fatal defect" under Election Law § 1-106 (2) (see, Matter of Plunkett v Mahoney, 76 N.Y.2d 848). The only...

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