Opinion
December 11, 1995
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Queens County for a determination of the petition on the merits.
The Supreme Court erred by dismissing this proceeding for failure to state a cause of action. The petition sets forth facts that support the appellant's claim that there were irregularities that altered the outcome of the election (see, Election Law § 16-102; Matter of Washington v Jenkins, 144 A.D.2d 367; Leon v Martinez, 84 N.Y.2d 83). Miller, J.P., Pizzuto, Joy and Goldstein, JJ., concur.