Opinion
October 4, 1989
Appeal from the Supreme Court, Suffolk County (Rohl, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
A new election will not be required on the "mere mathematical possibility that the results could have been changed" (Matter of Badillo v Santangelo, 15 A.D.2d 341, 342). The burden lies with the party attempting to impeach the results to show that the "irregularities are sufficiently large in number to establish the probability that the result would be changed by a shift in, or invalidation of, the questioned votes" (Matter of Ippolito v Power, 22 N.Y.2d 594, 597-598).
Under the circumstances of this case, particularly in the absence of fraud, we find that the alleged irregularities are not sufficiently numerous in number or of such a nature as to establish the probability that the result of the election would be changed (see, Matter of Fogarty v Wolf, 133 A.D.2d 794). Brown, J.P., Lawrence, Kooper and Spatt, JJ., concur.