MATTER OF CALVI v. McLAUGHLIN

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioner failed to meet his burden of establishing by clear and convincing evidence that the designating petition of the respondent Liam McLaughlin was permeated with fraud and should be invalidated ( see, Matter of Buchanan v. Espada, 88 N.Y.2d 973, 975; Matter of Proskin v. May, 40 N.Y.2d 829, 830; Matter of Thomas v. Simon, 89 A.D.2d 952, affd 57 N.Y.2d 744).

O'Brien, J. P., Santucci, Joy, Altman and Friedmann, JJ., concur.