Merrill v. Dinkins — 41 A.D.2d 925

Majority

p. 925

In the Matter of Lloyd Merrill, Appellant, v. David Dinkins et al., Constituting the Board of Elections of the City of New York, Respondents.

Judgment, Supreme Court, New York County, entered on May 11,1973, denying an application for an order declaring valid the petition designating Lloyd Merrill as a candidate for the public office of District Attorney, New York County, unanimously affirmed, without costs and without disbursements. While fraud cannot be personally imputed to the petitioner-appellant Lloyd Merrill, we affirm on the basis of lack of sufficient validly subscribed signatures. Concur — Nunez, J. P., Kupferman, Lane, Tilzer and Capozzoli, JJ.