MATTER OF PLUNKETT v. Mahoney

Hancock, Jr., J.

(dissenting in part). I would affirm essentially for the reasons stated by the majority at the Appellate Division.

In my view, the three-day delay in filing the certification of authorization (Election Law § 6-120 [3]) is clearly a "technical defect” of the type which falls within the exception established in Matter of Harden v Board of Elections (74 NY2d 796). The result reached by the majority effectively abolishes the equitable remedy fashioned in Matter of Hunting v Power (20 NY2d 680) which the court recently acknowledged was "designed to give effect to the intention…