Mike Yacubich

A panel of the Appellate Division, Second Department today reversed the Aug. 20 decision  by the trial court, who found in favor of the Suffolk County Board of Elections invalidating Republican State Assembly candidate Mike Yacubich’s petitions and keeping him off the ballot in the Sept. 13 primary election.

State Supreme Court Justice John Leo found in favor of the Board of Elections on one of three claims made by Yacubich — enough to keep the candidate off the ballot in the Sept. 13 primary election.

Mike Yacubich, left, seeks to challenge incumbent Anthony Palumbo in a party primary election Sept. 13. His nominating petitions were ruled invalid by the Suffolk County Board of Elections.