Opinion
August 23, 1990
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The record supports the Supreme Court's determination that the appellant fraudulently induced an individual to affix her signature as a subscribing witness to 10 pages containing 95 signatures of the appellant's designating petition when she was not in fact a subscribing witness. Since the appellant himself participated in the fraud, his designating petition should be invalidated whether or not there were a sufficient number of valid signatures independent of those fraudulently procured (see, Matter of Flower v D'Apice, 104 A.D.2d 578, affd 63 N.Y.2d 715; Matter of MacDougall v Board of Elections, 133 A.D.2d 198).
Based on our review of the record before us, we conclude that the jurisdictional argument raised by the appellant is without merit. Bracken, J.P., Rubin, Harwood, Rosenblatt and Miller, JJ., concur.