Opinion
November 7, 1988
Appeal from the Supreme Court, Queens County (Modugno, J.H.O.).
Ordered that the judgment is affirmed, without costs or disbursements.
We agree with the finding of the Judicial Hearing Officer that the petition failed to set forth facts sufficient to warrant the relief requested. The petition must set forth facts which support the claim that irregularities occurred which altered the outcome of the election (see, Election Law § 16-102). Allegations based on mere information and belief, omitting the source of the information or the basis for the belief, are insufficient (see, Matter of Bradley v. D'Apice, 91 A.D.2d 691; Matter of Cregg v. Fisselbrand, 22 A.D.2d 342, affd 15 N.Y.2d 748). In the present case, neither the petition nor the supporting affidavit states the names of voters who were allegedly improperly prohibited or permitted to vote in the primary election. Moreover, there is no assertion that the petitioner has obtained this information.
We have reviewed the appellant's remaining contentions and find them to be without merit. Mollen, P.J., Mangano, Kooper and Harwood, JJ., concur.