MATTER OF SANTORO v. KUJAWA

Order unanimously reversed without costs and motion denied. Memorandum: Although the court has the authority to order an opportunity to ballot as justice requires, particularly where a candidate's petitions have been invalidated by technical challenge (Matter of Hunting v. Power, 20 N.Y.2d 680; Matter of Hochberg v. D'Apice, 112 A.D.2d 1067, 1068, affd 65 N.Y.2d 960), here we consider the challenge, which was sustained by the court, to be more than technical. Hence, we find no equitable basis for the order directing a write-in primary.