Opinion
September 1, 1982
Appeal from a judgment of the Supreme Court, Queens County (Zelman, J.), dated August 30, 1982, which granted an application to invalidate the appellant's designating petition.
Judgment reversed, on the law, without costs or disbursements, proceeding dismissed and the Board of Elections is directed to place Lew M. Simon's name on the appropriate ballot. Petitioner failed to meet her burden of establishing by clear and convincing evidence (see Simcuski v. Saeli, 44 N.Y.2d 442, 452) that appellant's designating petition was permeated by fraud and should be invalidated. We further find on the record before us that the inclusion of Celia Kirschman's name on the designating petition containing 25 names of candidates did not furnish a basis for invalidating the entire petition (cf. Matter of Richardson v Luizzo, 64 A.D.2d 942, affd 45 N.Y.2d 789; Matter of Parrilla v Kremar, 64 A.D.2d 942; Matter of Berman v. Venturini, 64 A.D.2d 940). Lazer, J.P., Gibbons, Gulotta, Bracken and Niehoff, JJ., concur.