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In the Matter of SALVATORE ZUNNO et al., Respondents, v. MADELINE S. FEIN, Appellant, and BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondent.

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

The Supreme Court properly invalidated those signatures which were witnessed by notaries public who had not taken the oaths of the signators nor obtained any statements from them as to the truth of the statements to which they subscribed their names (see, Matter of Donnelly v Dowd, 12 N.Y.2d 651; Matter of Helfand v Meisser, 30 A.D.2d 670, affd 22 N.Y.2d 762; cf., Matter of Andolfi v Rohl, 83 A.D.2d 890). The Supreme Court also properly invalidated the signatures witnessed by a subscribing witness who signed the subscribing witness statement without filling in the number of signatures witnessed (see, Matter of Sheldon v Sperber, 45 N.Y.2d 788). Consequently, the appellant's designating petition failed to contain a sufficient number of valid signatures. The appellant's remaining contentions do not warrant a contrary result. Kunzeman, J.P., Eiber, Miller, O'Brien and Ritter, JJ., concur.

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MATTER OF ZUNNO v. FEIN
(Aug 27, 1991)