Bradlow v. Board of Elections

*794OPINION OF THE COURT

David B. Saxe, J.

Under what circumstances may a candidate for office whose designating petitions have been ruled invalid by the Board of Elections contest the invalidity in court through service of an answer instead of by petition to validate?

This election matter involves the Democratic primary for the office of City Council Member for the 2nd Councilmanic District in Manhattan. The petitioners seek to invalidate the designating petitions of Michael S. Biller which were previously ruled invalid by the Board of Elections. For his part, Mr. Biller did not serve a petition to…