Turdik v. Bernstein

The Suffolk County Board of Elections (hereinafter the Board of Elections) determined that a petition designating Ira L. Bernstein as a candidate was invalid, and no judicial proceeding was ever commenced seeking to validate that designating petition. Since, pursuant to Election Law § 6-148 (1), a valid designating petition is a prerequisite to the creation of a vacancy (see Testa v Ravitz, 84 NY2d 893, 895 [1994]), no vacancy was created which the Committee Authorized to Fill Vacancies named in Bernstein’s designating petition was authorized to fill. In this procedural posture, we need not…