MATTER OF PLUNKETT v. Mahoney

*850OPINION OF THE COURT

Order modified, without costs, by denying the cross petition for the reasons stated in the dissenting in part memorandum by Justices Boomer and Lowery at the Appellate Division (— AD2d —) and, as so modified, affirmed. We add only that failure to timely file a certificate of authorization, which was required in this instance in order for there to be a valid designating petition (Election Law §6-120 [3]), constituted a "fatal defect” under Election Law § 1-106 (2). Moreover, because the petition is void under the statute, the defect cannot be considered merely "technical”…