CROSTA v. ROURKE (1997)

 Supreme Court properly dismissed petitioner's application to invalidate a petition designating Michael G. O'Rourke (respondent) as a candidate for Erie County Sheriff in the Democratic Party primary.   Whether a designating petition is permeated with fraud or irregularities, as petitioner contends, is generally a question of fact (see, Matter of Ruiz v. McKenna, 40 N.Y.2d 815, 816, 387 N.Y.S.2d 558, 355 N.E.2d 787;  see also, Matter of Mercorella v. Benza, 37 N.Y.2d 792, 375 N.Y.S.2d 105, 337 N.E.2d 611), and there is no basis in the record to disturb the court's resolution of that issue in respondent's favor.   The fact that a large number of the signatures on respondent's designating petition were invalidated by the Erie County Board of Elections does not by itself establish “gross irregularity or fraudulent practice” (Matter of Kogan v. D'Angelo, 54 N.Y.2d 781, 783, 443 N.Y.S.2d 366, 427 N.E.2d 505;  see, Matter of Cilmi v. Suffolk County Bd. of Elections, 220 A.D.2d 587, 632 N.Y.S.2d 615;  Matter of Segreti v. Adler, 175 A.D.2d 765, 573 N.Y.S.2d 514).

Order unanimously affirmed without costs.

MEMORANDUM: