Pilat v. Sachs — 42 N.Y.2d 984

Majority

p. 984

In the Matter of Oliver Pilat et al., Appellants, v Alice Sachs et al., Constituting the Board of Elections of the City of New York, and Mario M. Cuomo, Respondents.

Argued August 30, 1977;

decided August 31, 1977

John J. Keohane, Nathan Abramowitz and Kenneth Riddett for appellants.

Herbert Rubin, Fabian Palomino, Edward L. Birnbaum, Morrell I. Berkowitz and William E. Simoson for Mario M. Cuomo, respondent.

Memorandum. The courts below considered the question of permeation of fraud and irregularities, usually a question of fact, and resolved in each instance this question in respondents’ favor. (Matter of Ruiz v McKenna, 40 NY2d 815 .) Consequently, the designating petition must be sustained and the order of the Appellate Division affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

Cases cited

Ruiz v. McKenna 40 NY2d 815 N.Y. 1976-09-02 p. 984