Opinion
September 30, 1997
Appeal from the Supreme Court, Erie County, Sedita, Jr., J.
Present — Green, J.P., Wisner, Doerr, Balio and Boehm, JJ. (Filed Aug. 20, 1997.)
Supreme Court properly dismissed petitioner's application to invalidate a petition designating Patrick C. Pokorski (respondent) as a candidate for the Town of Lancaster Highway Superintendent in the Republican primary. Petitioner failed to meet his burden of establishing fraud by clear and convincing evidence (see, Simcuski v. Saeli, 44 N.Y.2d 442, 452). Respondent's attesting to five signatures when not in proximity with the entire petition (see, Matter of Quinones v. Bass, 45 N.Y.2d 811).