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In the Matter of Leonard v. Pradhan

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 2001
286 A.D.2d 459 (N.Y. App. Div. 2001)

Opinion

Argued August 21, 2001

August 22, 2001.

In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating Vijayendranath P. Pradhan as a candidate in a primary election to be held on September 11, 2001, for the nomination of the Democratic Party as its candidate for the public office of Supervisor for the Town of Clarkstown, the petitioner appeals from a final order of the Supreme Court, Rockland County (O'Rourke, J.), dated August 9, 2001, which, after a hearing, denied the petition and dismissed the proceeding.

Before: Fred T. Santucci, J.P., Gabriel M. Krausman, Gloria Goldstein, Barry A. Cozier, JJ.


ORDERED that the final order is reversed, on the law, without costs or disbursements, the petition is granted, the designating petition is invalidated, and the matter is remitted to the Rockland County Board of Elections to remove the name of Vijayendranath P. Pradhan from the appropriate ballot.

As a general rule, where it is shown by clear and convincing evidence, "a candidate's designating petition will be invalidated on the ground that some signatures have been obtained by fraud only if there is a showing that the entire designating petition is `permeated with fraud'" (Matter of MacDougall v. Board of Elections of City of N.Y., 133 A.D.2d 198, quoting Matter of Ferraro v. McNab, 60 N.Y.2d 601, 603). Where, as here, the candidate himself, as a subscribing witness, has participated in the fraud, the petition should be invalidated even if there is a sufficient number of valid signatures independent of those fraudulently procured (see, Matter of MacDougall v. Board of Elections of City of N.Y., supra, at 198).


Summaries of

In the Matter of Leonard v. Pradhan

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 2001
286 A.D.2d 459 (N.Y. App. Div. 2001)
Case details for

In the Matter of Leonard v. Pradhan

Case Details

Full title:IN THE MATTER OF PENNY LEONARD, APPELLANT, v. VIJAYENDRANATH P. PRADHAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 22, 2001

Citations

286 A.D.2d 459 (N.Y. App. Div. 2001)
729 N.Y.S.2d 523

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