MATTER OF CATUCCI v. MARCHI

The facts pertaining to the cover sheet and the designating petition of Carmen Barreto are not in dispute. Upon our review thereof, we agree with the finding of the Special Referee and the Board of Elections that the cover sheet was fatally defective in that the total number of signatures listed for this candidate included 597 which pertained to residents of an Assembly District other than the 61st. (See, Matter of Pecoraro v Mahoney, 65 N.Y.2d 1026.) On the face of the petitions, these 597 signatures clearly were not applicable to this candidacy.

In light of this determination we need not reach appellant's remaining contentions.

Concur — Kassal, J.P., Rosenberger, Ellerin, Wallach and Smith, JJ.