IN RE: Kenneth BROTHERTON (2006)

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition nominating Daniel J. Panico as the candidate of the Integrity Party for the public office of Member of the Assembly, 1st Assembly District, in the general election to be held on November 7, 2006, Daniel J. Panico appeals from a final order of the Supreme Court, Suffolk County (Spinner, J.), dated October 4, 2006, which, after a hearing, granted the petition and invalidated the nominating petition.

ORDERED that the final order is affirmed, without costs or disbursements.

Contrary to the contention of the appellant candidate, the petitioner substantially complied with the Board of Elections rules regarding the filing of specifications of objections to nominating petitions (see Matter of Sadofsky v. DiGiacomo, 264 A.D.2d 701, 694 N.Y.S.2d 727;  see also Matter of Sullivan v. New York City Bd. of Elections, 224 A.D.2d 565, 637 N.Y.S.2d 804;  Matter of Gallonty v. New York City Bd. of Elections, 224 A.D.2d 563, 638 N.Y.S.2d 358).

The Supreme Court properly entertained specific objections to signatures on the appellant's nominating petition that had not been asserted before the Board of Elections (see Smith v. Marchi, 143 A.D.2d 325, 532 N.Y.S.2d 389;  see also Matter of Starr v. Board of Elections of the City of New York, 89 A.D.2d 978, 454 N.Y.S.2d 131;  Flowers v. Wells, 57 A.D.2d 636, 394 N.Y.S.2d 33) because the appellant was sufficiently apprised of the grounds for the objections (see Matter of Santoro v. Schreiber, 263 A.D.2d 953, 695 N.Y.S.2d 443;  Matter of Maxwell v. Hill, 225 A.D.2d 947, 640 N.Y.S.2d 280;  Matter of Mazza v. Board of Elections of the County of Albany, 196 A.D.2d 679, 601 N.Y.S.2d 508;  but see Levitt v. Mahoney, 133 A.D.2d 516, 520 N.Y.S.2d 290;  Matter of Belak v. Rossi, 96 A.D.2d 1011, 467 N.Y.S.2d 100).