Ordered that the judgment is reversed, on the law, the petition is denied, and the proceeding is dismissed, without costs or disbursements.
The failure to timely file a certificate of authorization, which was required for a valid designating petition ( see, Election Law § 6-120 Elec. [3]), constituted a "fatal defect" under Election Law § 1-106 Elec. (2) ( see, Matter of Plunkett v. Mahoney, 76 N.Y.2d 848). The only certificate filed herein was a "Certificate of Substitution — Filling of Vacancy Caused by Declination" under Election Law § 6-148 Elec., and not a certificate of authorization as mandated by Election Law § 6-120 Elec..
Moreover, in light of the mandatory language of Election Law § 6-120 Elec., the Supreme Court erred in granting the petitioner leave to file a certificate of authorization nunc pro tunc.
Mangano, P.J., Thompson, Pizzuto, Krausman and Goldstein, JJ., concur.