MAY v. DALY

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of David A. MAY, Brian W. Shaffer, Richard Printup and Renae Kimble, Appellants, v. Robert A. DALY and Niagara County Board of Elections, Respondents.

Decided: August 19, 1998

Before GREEN, J.P., and WISNER, PIGOTT, CALLAHAN and BOEHM, JJ.

Petitioners appeal from an order denying their petition to invalidate respondent Robert A. Daly's designating petition for the Republican primary election ballot for the public office of Member of the New York State Assembly in the 138th District, to be held on September 15, 1998.

 We note at the outset that Supreme Court had personal jurisdiction over Daly, who was timely served by the “leave and mail” method on the last day of the statutory period (see, Matter of Zaretski v. Tutunjian, 133 A.D.2d 928, 521 N.Y.S.2d 116;  Matter of Weill v. Erickson, 49 A.D.2d 895, 373 N.Y.S.2d 370, affd. 37 N.Y.2d 851, 378 N.Y.S.2d 39, 340 N.E.2d 473).

 We reject petitioners' contentions that the three-day cure provision of Election Law § 6-134(2) is not applicable to the omission of page numbers in a designating petition (see, 9 NYCRR 6215.1[a] ) and that Daly did not properly cure the defect.   The three-day cure provision for designating petitions (Election Law § 6-134[2] ) is available for technical violations of the regulations, including the omission of page numbers (see, Matter of Farrell v. Sunderland, 173 Misc.2d 787, 662 N.Y.S.2d 381).

Order unanimously affirmed without costs.

MEMORANDUM: