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Matter of Heitzner v. Neglia

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 616 (N.Y. App. Div. 1993)

Opinion

August 18, 1993

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court invalidated the subject designating petition in its entirety on the ground that it was permeated with fraud. The appellants assert that certain of the invalidated county committee member candidacies must be reinstated and those names placed on the ballot because the petitioners were without standing to object to those candidates who were from other election districts. Since the petitioners had sought to invalidate the entire designating petition which contained a slate of candidates, including State committee candidacies and others whom they had standing to challenge, the petitioners also had standing to challenge the remaining candidates because the validity of the petition in its entirety had been called into question (see, Election Law § 6-154; § 16-102 [1]) by the claim that the entire designating petition was permeated with fraud (see, Matter of Livreri v Gargiulo, 49 N.Y.2d 832, 833; see also, Matter of McGoey v Black, 100 A.D.2d 635, 636-637).

Turning to the merits of the appeal, we find that the evidence supports the hearing court's conclusion that the designating petition must be invalidated in its entirety due to its being permeated with fraud (see, Matter of Gucciardo v Meyers, 196 A.D.2d 615 [decided herewith]). Bracken, J.P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.


Summaries of

Matter of Heitzner v. Neglia

Appellate Division of the Supreme Court of New York, Second Department
Aug 18, 1993
196 A.D.2d 616 (N.Y. App. Div. 1993)
Case details for

Matter of Heitzner v. Neglia

Case Details

Full title:In the Matter of MICHELE HEITZNER et al., Respondents, v. ANTHONY NEGLIA…

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

Date published: Aug 18, 1993

Citations

196 A.D.2d 616 (N.Y. App. Div. 1993)
601 N.Y.S.2d 705

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