MATTER OF COSGROVE v. SUNDERLAND

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.