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Matter of Bynoe v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1990
164 A.D.2d 929 (N.Y. App. Div. 1990)

Opinion

August 23, 1990

Appeal from the Supreme Court, Kings County (Vinik, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The record supports the Supreme Court's determination that the appellant fraudulently induced an individual to affix her signature as a subscribing witness to 10 pages containing 95 signatures of the appellant's designating petition when she was not in fact a subscribing witness. Since the appellant himself participated in the fraud, his designating petition should be invalidated whether or not there were a sufficient number of valid signatures independent of those fraudulently procured (see, Matter of Flower v D'Apice, 104 A.D.2d 578, affd 63 N.Y.2d 715; Matter of MacDougall v Board of Elections, 133 A.D.2d 198).

Based on our review of the record before us, we conclude that the jurisdictional argument raised by the appellant is without merit. Bracken, J.P., Rubin, Harwood, Rosenblatt and Miller, JJ., concur.


Summaries of

Matter of Bynoe v. Board of Elections

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1990
164 A.D.2d 929 (N.Y. App. Div. 1990)
Case details for

Matter of Bynoe v. Board of Elections

Case Details

Full title:In the Matter of AUDREY P. BYNOE et al., Respondents, v. BOARD OF…

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

Date published: Aug 23, 1990

Citations

164 A.D.2d 929 (N.Y. App. Div. 1990)
559 N.Y.S.2d 588

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