IN RE: Ronald J.P. Volino (2011)

Argued—August 16, 2011

DECISION & ORDER

In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate a petition designating Carlo J. Calvi as a candidate in a primary election to be held on September 13, 2011, for the nomination of the Republican Party as its candidate for the public office of Mayor of the City of Yonkers, the petitioners appeal from a final order of the Supreme Court, Westchester County (Lefkowitz, J.), dated August 4, 2011, which, after a hearing, denied the petition to invalidate the designating petition and dismissed the proceeding.

ORDERED that the final order is affirmed, without costs or disbursements.

As a general rule, a candidate's designating petition will be invalidated on the ground of fraud only if there is a showing that the entire designating petition is permeated with fraud (see Matter of Ferraro v. McNab, 60 N.Y.2d 601;  Matter of Harris v. Duran, 76 AD3d 658, 659;  Matter of Drace v. Sayegh, 43 AD3d 481;  Matter of Ragusa v. Roper, 286 A.D.2d 516, 516–517).   Even when the designating petition is not permeated with fraud, the petition generally will be invalidated where the candidate has participated in or is chargeable with knowledge of the fraud (see Matter of Drace v. Sayegh, 43 AD3d at 482;  Matter of Leonard v. Pradhan, 286 A.D.2d 459;  Matter of MacDougall v Board of Elections of City of N.Y., 133 A.D.2d 198, 199).

Here, the petitioners did not sustain their burden of establishing, prima facie, that the signatures on the designating petition of Carlo J. Calvi were permeated with fraud or that Calvi participated in or is chargeable with knowledge of such fraud.   Accordingly, there is no reason to disturb the Supreme Court's determination denying the petition to invalidate the designating petition and dismissing the proceeding.

MASTRO, J.P., LEVENTHAL, CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court