From Casetext: Smarter Legal Research

Matter of McCrudden v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1989
153 A.D.2d 726 (N.Y. App. Div. 1989)

Opinion

August 24, 1989

Appeal from the Supreme Court, Westchester County (Facelle, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

Based upon the record before us, we conclude that the petitioners failed to meet their burden of establishing by clear and convincing evidence that the designating petition in question was permeated by fraud and should be invalidated (see, Matter of Thomas v. Simon, 89 A.D.2d 952, affd 57 N.Y.2d 744). We further find no merit to the petitioners' challenges to the court's evidentiary rulings at the hearing. Mollen, P.J., Mangano, Thompson, Bracken and Brown, JJ., concur.


Summaries of

Matter of McCrudden v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1989
153 A.D.2d 726 (N.Y. App. Div. 1989)
Case details for

Matter of McCrudden v. Wilson

Case Details

Full title:In the Matter of LAWRENCE J. McCRUDDEN et al., Appellants, v. JUDITH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 24, 1989

Citations

153 A.D.2d 726 (N.Y. App. Div. 1989)

Citing Cases

Matter of Mielnicki v. New York State Board

We disagree. The burden of proof in a proceeding brought to reinstate an invalidated petition is on the…