Ordered that the judgment is affirmed, without costs or disbursements.
The appellant argues that the New York City Board of Elections improperly extracted a double penalty by invalidating 10 of the 833 signatures contained in his designating petition pursuant to Election Law § 6-134 (10) and then subtracting those 10 invalid signatures from the remaining 823 potentially valid signatures. Inasmuch as the appellant withdrew his cross petition to validate his designating petition this issue could not be reached by the Supreme Court, and, accordingly, this argument is not properly before this Court (see, Matter of Krueger v. Richards, 59 N.Y.2d 680; Matter of Suarez v. Sadowski, 48 N.Y.2d 620; Matter of Halloway v. Blakely, 77 A.D.2d 932).
The appellant also asks that this Court validate 3 of the 12 signatures which the Supreme Court invalidated on other grounds. However, even if this relief were granted, the respondent would have only 498 signatures, still less than the required number (i.e., 500). Thus, this argument is academic. Moreover, the record is too incomplete to render any independent determination as to the remaining 9 signatures which were invalidated. Rosenblatt, J.P., Ritter, Altman and Hart, JJ., concur.