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MATTER OF LERNER v. POWER

Court of Appeals of the State of New York.
Jun 13, 1968

Order reversed, without costs, and the designating petition invalidated in the following memorandum: The undisputed evidence establishes as a matter of law that the questioned petitions were the product of the knowing, systematic acceptance of purported signatures of innumerable persons subscribed by others, thus constituting permeating fraudulent representation.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and KOREMAN. Taking no part: Judge KEATING.

Designated pursuant to section 2 of article VI of the State Constitution in place of BURKE, J., disqualified.