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Matter of DeAngelo v. DiFilippo

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 608 (N.Y. App. Div. 1993)

Opinion

August 18, 1993

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


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

The trial court properly found that the Republican Party designating petition in the 47th Assembly District, referred to as volume 270 of Kings County, was permeated with fraud, and properly invalidated the entire petition, striking from the ballot all of the candidates. Four of the candidates, Maria C. Nicholaides, Lisa Lacalamita, Michael A. Lacalamita, and Anne Simeoli did not consent to being placed on the designating petition (see, Matter of Richardson v Luizzo, 64 A.D.2d 944, affd 45 N.Y.2d 789). In addition, with respect to a number of the sheets of the petitions, the names of the candidates were inserted subsequent to the sheets being signed (see, Matter of Rodriguez v Sunderland, 176 A.D.2d 840). This fraud is imputed to the candidates for the Republican State Committee.

We have examined the appellants' remaining contentions and find them to be without merit. Bracken, J.P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.


Summaries of

Matter of DeAngelo v. DiFilippo

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 608 (N.Y. App. Div. 1993)
Case details for

Matter of DeAngelo v. DiFilippo

Case Details

Full title:In the Matter of NORA DeANGELO et al., Respondents, v. MICHAEL C…

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

Date published: Aug 18, 1993

Citations

196 A.D.2d 608 (N.Y. App. Div. 1993)
601 N.Y.S.2d 346

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