Opinion
October 25, 1991
Appeal from the Supreme Court, Kings County (Levine, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The appellants have failed to establish that the primary election results were tainted by fraud, or that the number of irregularities was so great or of such a nature as "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; see also, Matter of Lisa v. Board of Elections, 40 N.Y.2d 911; Matter of Miller v. Aboulafia, 176 A.D.2d 839). They have also failed to sustain their burden of proving that this was one of those "rare elections `conducted so badly that * * * every dictate of fairness and protection of voters' franchise demands a new election'" (Matter of Lowenstein v. Larkin, 40 A.D.2d 604, quoting from Matter of DeSapio v. Koch, 21 A.D.2d 20, 22). Kunzeman, J.P., Sullivan, Balletta and Copertino, JJ., concur.