Opinion
October 16, 1991
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner 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 Fogarty v. Wolf, 133 A.D.2d 794, 795). The trial court properly rejected the petitioner's claim that the irregularities should be charged to each candidate on a district-by-district basis (see, Matter of Leaks v Rosenfeld, 91 A.D.2d 685). Bracken, J.P., Kunzeman, O'Brien and Copertino, JJ., concur.