Opinion
August 24, 1988
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Based upon the record before us the petitioner failed to establish by clear and convincing evidence that the respondent Boyland's designating petition was permeated by fraud and should be invalidated (see, Matter of Thomas v Simon, 89 A.D.2d 952, affd 57 N.Y.2d 744). Moreover, the inclusion of certain other candidates' names on the designating petition did not provide a basis for invalidating the entire petition (see, Matter of Thomas v Simon, supra; cf., Matter of Richardson v Luizzo, 64 A.D.2d 942, affd 45 N.Y.2d 789; Matter of Berman v Venturini, 64 A.D.2d 940). Bracken, J.P., Rubin, Spatt, Harwood and Balletta, JJ., concur.