Opinion
April 30, 1986
Appeal from the Supreme Court, Kings County (Slavin, J.).
Judgments affirmed, without costs or disbursements.
In these proceedings to validate and to invalidate the petition nominating Alice Harry for member of the Community School Board, District No. 19, the Board of Elections of the City of New York initially determined that only 233 out of 392 signatures on the petition were valid. A hearing was then held on the objector's claim that some of the remaining 233 signatures were invalid because of fraud and irregularities in the signing of the petition. At the hearing it was revealed that Alice Harry's petition consisted of 30 sheets. Ten of those sheets were witnessed by a person who testified that the signatures on those sheets were not made in his presence.
We agree with Special Term's finding that, on these facts, the petition should be invalidated because it was permeated with fraud and irregularities (see, Matter of Proskin v. May, 40 N.Y.2d 829; Matter of Flower v. D'Apice, 104 A.D.2d 578; cf. Matter of Ferraro v. McNab, 60 N.Y.2d 601). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.