Opinion
August 20, 1997
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the Westchester County Board of Elections is directed to place the names of Robert A. Morabito and Phillip A. Werbel on the appropriate ballots.
We reject the petitioner's contention that the fraudulent activities attributable to two people soliciting signatures for the candidates are sufficient to show, as a matter of law, that the entire designating petition is permeated with fraud ( see, Matter of Ferraro v. McNab, 60 N.Y.2d 601, 603; Matter of Meeks v. Pruitt, 185 A.D.2d 961; Matter of Mega v. Biondo, 104 A.D.2d 472), especially where, as here, the Supreme Court found, and we agree, that the candidates neither personally participated in, nor knew about, the fraud ( see, Matter of Ferraro v. McNab, supra; Matter of Quinones v. Bass, 45 N.Y.2d 811, 813; Matter of Cilmi v. Suffolk County Bd. of Elections, 220 A.D.2d 587; Matter of Lefkowitz v. Cohen, 262 App. Div. 452, affd 286 N.Y. 499, 501; Matter of Meeks v. Pruitt, supra; cf., Matter of Miller v. Gumbs, 207 A.D.2d 612; Matter of Villafane v. Caban, 104 A.D.2d 579, 580).
Bracken, J.P., Copertino, Altman, McGinity and Luciano, JJ., concur.