Opinion
October 16, 1995
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the judgment is reversed, on the law and the facts, without costs or disbursements, the petition is denied, and the Suffolk County Board of Elections is directed to place the name of Philip J. Nolan on the appropriate ballot.
Absent a showing that the candidate actually participated in fraud or that the nominating petition was permeated with fraud, the invalidity of some signatures is not sufficient to invalidate the entire petition ( see, Matter of Ferraro v. McNab, 60 N.Y.2d 601, 603; Matter of MacDougall v. Board of Elections, 133 A.D.2d 198). We do not find that the appellant participated in fraudulent activity or that the petition was permeated with fraud. Moreover, the appellant's concession that various signatures were invalid did not establish gross irregularities or fraud ( see, Matter of Kogan v. D'Angelo, 54 N.Y.2d 781, 783). Mangano, P.J., Ritter, Santucci and Krausman, JJ., concur.