Opinion
August 23, 1995
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the judgment is modified, on the law, by deleting therefrom the provisions which, in effect, held that the designating petition is valid as to certain of the respondent candidates and substituting therefor (1) a provision that the designating petition is invalid as to all of the remaining respondent candidates, and (2) a provision directing the respondent Board of Elections of the City of New York to remove from the ballot the names of all of the remaining respondent candidates set forth in the aforementioned designating petition; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.
The petitioners correctly argue that the entire Republican Party designating petition in the 55th Assembly District should have been invalidated since the names of two candidates were placed in the single designating petition without their consent (see, Matter of Richardson v. Luizzo, 64 A.D.2d 942, affd 45 N.Y.2d 789; Matter of Gucciardo v. Meyers, 196 A.D.2d 615; Matter of Valli v. Walker, 175 A.D.2d 895).
We have examined the petitioners' remaining contentions and find them to be without merit. Bracken, J.P., O'Brien, Santucci, Joy and Friedmann, JJ., concur.