Opinion
284 A.D. 839 133 N.Y.S.2d 497 In the Matter of THOMAS J. CURRAN, Respondent, v. JAMES M. POWER et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and BORIS S. BERKOVITCH, Appellant. Supreme Court of New York, First Department. September 13, 1954
Appeal from an order of the Supreme Court at Special Term, entered September 9, 1954, in New York County, which granted a motion by petitioner-respondent for an order invalidating petition of respondent-appellant Berkovitch for the position of male member of the Republican State Committee of the First Assembly District, New York County, and enjoining the board of elections of the City of New York from printing his name on the ballots for the primary election.
Per Curiam.
We do not agree with the Special Term's appraisal of appellant's actions as dishonest, or agree that there is any burden on canvassers for signatures to designating petitions to take the initiative in disclosing that a particular designee is not a 'regular' candidate or is to conduct an 'insurgent' campaign. All enrolled party members stand on equal footing in primary contests, whether incumbents or contestants for office. The law is satisfied if signatures to petitions are obtained without deceit by device amounting to misrepresentation or by false statements.
We find, however, that there is sufficient evidence in the present record, considering the circumstance of the circulation of three petitions at the same time and the testimony of some of the signatories as to alleged misrepresentations made concerning the source of the petitions, when weighed in light of the stipulation that other additional witnesses would testify likewise, to uphold the order appealed from.
Peck, P. J., Dore, Cohn, Callahan and Botein, JJ., concur.
Order unanimously affirmed.