Opinion
September 30, 1987
Appeal from the Supreme Court, Erie County, Fudeman, J.
Present — Denman, J.P., Boomer, Balio and Davis, JJ. (Order entered Aug. 21, 1987.)
Order unanimously reversed on the law without costs, petition dismissed and designating petition validated. Memorandum: By order to show cause, petitioner sought to raise objections to respondents' petitions in addition to those which she had filed with the Board of Elections. Respondents were not given adequate notice in petitioner's moving papers of her intent to introduce new objections nor were they apprised of those objections until the Special Term proceeding resulting in their petitions being invalidated.
While it is within Special Term's jurisdiction to hear new objections not previously filed with the Board of Elections, fundamental fairness requires that respondents have notice of the intent to produce such material, and of the specific objections being made so that they may adequately prepare a defense (Matter of Jones v. Board of Elections, 122 A.D.2d 905; Matter of Belak v Rossi, 96 A.D.2d 1011, lv denied 60 N.Y.2d 552; Matter of Starr v Board of Elections, 89 A.D.2d 978; Matter of Flowers v. Wells, 57 A.D.2d 636). Respondents could not have prepared a defense or introduced evidence on their behalf without having this information before the return date in Special Term.