MATTER OF FINTZ v. POVEROMO

Ordered that the judgment is affirmed, without costs or disbursements.

It is undisputed that the cover sheet of the designating petition did not comply with the rules promulgated by the Board of Elections of the City of New York pursuant to Election Law § 3-212 (5), precluding validation of the designating petition (see, Matter of Hutson v. Bass, 54 N.Y.2d 772).

Additionally, the failure to file the designating petition within the time prescribed by law, although late by only 16 minutes, was a fatal defect (see, Election Law § 1-106; Matter of Hutson v. Bass, supra, at 774). Sullivan, J.P., Eiber, O'Brien and Joy, JJ., concur.