REESE v. POKORSKI (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Richard L. REESE, Jr., Appellant, v. Patrick C. POKORSKI and Ralph M. Mohr and Laurence F. Adamczyk, as Commissioners of Erie County Board of Elections and Constituting Erie County Board of Elections, Respondents.

Decided: August 20, 1997

Before GREEN, J.P., and WISNER, DOERR, BALIO and BOEHM, JJ.

Offermann, Cassano (Andrew Isenberg, of counsel), Buffalo, for petitioner-appellant. Richard J. Rosche, Snyder, for respondent Pokorski. Erie County Attorney's Office, Kenneth Schoetz, Buffalo, for respondent Erie County Bd. of Elections.

Supreme Court properly dismissed petitioner's application to invalidate a petition designating Patrick C. Pokorski (respondent) as a candidate for the Town of Lancaster Highway Superintendent in the Republican primary. Petitioner failed to meet his burden of establishing fraud by clear and convincing evidence (see, Simcuski v. Saeli, 44 N.Y.2d 442, 452, 406 N.Y.S.2d 259, 377 N.E.2d 713). Respondent's attesting to five signatures when not in proximity with the signers did not warrant the inference that fraud permeated the entire petition (see, Matter of Quinones v. Bass, 45 N.Y.2d 811, 409 N.Y.S.2d 131, 381 N.E.2d 338).

Order unanimously affirmed without costs.

MEMORANDUM.

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