Opinion
147
August 28, 2003.
Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered August 26, 2003, which, with two Justices dissenting, affirmed an order of the Supreme Court (Gloria Dabiri, J.), entered in Kings County in proceedings pursuant to Election Law § 16-102, denying a petition to validate Tony Eisenberg as the Democratic Party candidate for the public office of Member of the New York City Council, 47th Council District, in the primary election to be held September 9, 2003, granting a petition to invalidate and invalidating the designating petition.
Bernard M. Alter, for appellant.
Robert Allan Muir, for respondents.
Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur.
MEMORANDUM:
The order of the Appellate Division should be affirmed, without costs.
We agree with the Appellate Division majority and dissent that, under these circumstances, there is no reason to disqualify the candidate for using the name "Tony Eisenberg," rather than "Anatoly Eyzenberg," on his designating petition. Nevertheless, the petition was properly invalidated because the candidate did not actually reside at the address he listed as his residence on the designating petition and which he had used for purposes of voter registration. Petitioner's reliance on Matter of Ferris v. Sadowski ( 45 N.Y.2d 815) is misplaced. There, the candidate had recently moved to a new residence. Without his knowledge, a campaign worker who was not aware of the candidate's change of address listed the former residence address on one of the designating petitions filed with the Board of Elections. In this case, the candidate decided to use an address that was not a true residence.
Order affirmed, without costs, in a memorandum.
Judge Smith took no part.