AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

IN THE MATTER OF JOHN A. McRAE, ET AL., petitioners-respondents, v. ALLAN W. JENNINGS, JR., appellant, ET AL., respondent.

DECISION ORDER

ORDERED that the final order is reversed, on the law and the facts, without costs or disbursements, the petition is denied, the proceeding is dismissed, and the New York City Board of Elections is directed to restore the name of Allan W. Jennings, Jr., to the appropriate ballot.

A candidate's designating petition will be invalidated on the ground of fraud when the entire designating petition is permeated with fraud ( see Matter of Ferraro v. McNab, 60 N.Y.2d 601, 603; Matter of Proskin v. May, 40 N.Y.2d 829, 830; Matter of Aronson v. Power, 22 N.Y.2d 759, 760) or when the candidate has participated in or is chargeable with knowledge of the fraud ( see Matter of Saitta v. Rivera, 264 A.D.2d 490; Matter of Flower v. D'Apice, 104 A.D.2d 578, affd 63 N.Y.2d 715; Matter of Layden v. Gargiulo, 77 A.D.2d 933, 934).

The Supreme Court correctly determined that there were some instances of irregularities relating to the designating petition in question. However, the totality of such instances does not rise to the level at which it could be said that the designating petition was permeated with fraud ( see Matter of Calvi v. McLaughlin, 264 A.D.2d 453; Matter of Miller v. Boyland, 143 A.D.2d 237; Matter of Thomas v. Simon, 89 A.D.2d 952, affd 57 N.Y.2d 744). In addition, the petitioners failed to meet their burden of establishing that the appellant candidate participated in or was chargeable with knowledge of the fraud ( see Matter of Meeks v. Pruitt, 185 A.D.2d 961; Matter of Corrente v. McNab, 96 A.D.2d 915; Matter of Cullen v. Power, 21 A.D.2d 698).

In light of this determination, we do not reach the appellant's remaining contentions.

PRUDENTI, P.J., FEUERSTEIN, McGINITY, SCHMIDT and ADAMS, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF McRAE v. JENNINGS
(Aug 20, 2003)