Opinion
October 16, 1991
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.
The petitioner has failed to meet his burden of showing that the "irregularities are sufficiently large in number to establish the probability that the result would be changed by a shift in, or invalidation of, the questioned votes" so that there should be a new election (Matter of Ippolito v. Power, 22 N.Y.2d 594, 597-598; see also, Matter of De Martini v. Power, 27 N.Y.2d 149, 151; Matter of Pfoser v. Larkin, 40 A.D.2d 605, affd 31 N.Y.2d 656). The percentage of the irregularities which would have to be attributable to the successful candidate in order for her to lose her plurality did not establish such a probability. We therefore reverse the judgment appealed from, and dismiss the proceeding. Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.