Opinion
Argued August 30, 1977
Decided August 31, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ISRAEL RUBIN, J.
John J. Keohane, Nathan Abramowitz and Kenneth Riddett for appellants.
Herbert Rubin, Fabian Palomino, Edward L. Birnbaum, Morrell I. Berkowitz and William E. Simoson for Mario M. Cuomo, respondent.
MEMORANDUM.
The courts below considered the question of permeation of fraud and irregularities, usually a question of fact, and resolved in each instance this question in respondents' favor. (Matter of Ruiz v McKenna, 40 N.Y.2d 815.) Consequently, the designating petition must be sustained and the order of the Appellate Division affirmed.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, without costs, in a memorandum.