Opinion
Argued September 21, 1973
Decided September 21, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
Victor Kovner and Seymour Schwartz, pro se, for Seymour Schwartz, appellant.
Harold M. Hershman, Edward Honig and Irving S.K. Chin, pro se, for Irving S.K. Chin, appellant.
Louis Okin, respondent, pro se.
Order affirmed, without costs, in the following memorandum: In our view, since the irregularities were, to quote from Matter of Ippolito v. Power ( 22 N.Y.2d 594, 597-598), "sufficiently large in number to establish the probability that the result would be changed by * * * invalidation" of the votes, the order directing a new primary election should be affirmed (see, also, Matter of Mack v. Cocuzzo, 22 N.Y.2d 901; Matter of Nodar v. Power, 18 N.Y.2d 697).
Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER. Taking no part: Judge BREITEL.