Opinion
August 18, 1993
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the Westchester County Board of Elections is directed to place the name of Phyllis G. Ross on the appropriate ballot.
The issue on this appeal is whether the Election Law requires the disqualification of signatures on a designating petition when the subscribing witness fails to include in his "Statement of Witness" the town or city in which the subscribing witness resides. We find that the failure of the subscribing witness to include the town or city in the "Statement of Witness" is no longer a fatal defect which renders the petition invalid (see, Matter of Barrett v Brodsky, 196 A.D.2d 603 [decided herewith]). Mangano, P.J., Thompson, Lawrence and Pizzuto, JJ., concur.