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Matter of Graham v. Umane

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 359 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

Appeal from the Supreme Court, Queens County (Lonschein, J.).


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

The petition failed to set forth facts sufficient to justify the relief requested. The petition must set forth facts supporting 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 Washington v. Jenkins, 144 A.D.2d 367; 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). Here, neither the petition nor the supporting affidavit stated the names of voters who were allegedly improperly permitted to cast absentee paper ballots. Accordingly, the proceeding was properly dismissed.

Bracken, J. P., Ritter, Copertino and Altman, JJ., concur.


Summaries of

Matter of Graham v. Umane

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 359 (N.Y. App. Div. 1998)
Case details for

Matter of Graham v. Umane

Case Details

Full title:In the Matter of JOSEPH G. GRAHAM et al., Appellants, v. FREDERIC M. UMANE…

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 359 (N.Y. App. Div. 1998)
678 N.Y.S.2d 660

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