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BUTLER v. DUVALLE
Appellate Division of the Supreme Court of New York, Second Department.
Aug 22, 2006
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Ordered that the final order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court correctly determined that at the hearing the petitioners established, by clear and convincing evidence, that the method of obtaining signatures resulted in a designating petition that was permeated with fraud ( see Matter of Lerner v Power, 22 NY2d 767; Matter of Schaefer v Perez, 275 AD2d 430; Matter of Saitta v Rivera, 264 AD2d 490; Matter of D'Andre v Canary, 114 AD2d 430; Matter of Thomas v Simon, 89 AD2d 952). Accordingly, the Supreme Court properly invalidated the designating petition as to Michael Duvalle and Vienna Totaram.
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