IN RE: Arnold I. KLUGMAN

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

IN RE: Arnold I. KLUGMAN, Petitioner-Respondent, v. Lloyd KING, Jr., et al., Respondents, Robert A. Morabito, et al., Appellants.

Decided: August 20, 1997

Before BRACKEN, J.P., and COPERTINO, ALTMAN, McGINITY and LUCIANO, JJ.

In a proceeding to invalidate a petition designating (1) Robert A. Morabito as a candidate in a primary election to be held on September 9, 1997, for the nomination of the Democratic Party as its candidate for the public office of County Clerk of the County of Westchester, and (2) Phillip A. Werbel as a candidate in a primary election to be held on the same date, for the nomination of the Democratic Party as its candidate for the public office of County Court Judge of Westchester County, the appeal is from a judgment of the Supreme Court, Westchester County (Lefkowitz, J.), entered August 14, 1997, which granted the application.

ORDERED that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the Westchester County Board of Elections is directed to place the names of Robert A. Morabito and Phillip A. Werbel on the appropriate ballots.

We reject the petitioner's contention that the fraudulent activities attributable to two people soliciting signatures for the candidates are sufficient to show, as a matter of law, that the entire designating petition is permeated with fraud (see, Matter of Ferraro v. McNab, 60 N.Y.2d 601, 603, 467 N.Y.S.2d 193, 454 N.E.2d 533;  Matter of Meeks v. Pruitt, 185 A.D.2d 961, 587 N.Y.S.2d 26;  Matter of Mega v. Biondo, 104 A.D.2d 472, 478 N.Y.S.2d 978), especially where, as here, the Supreme Court found, and we agree, that the candidates neither personally participated in, nor knew about, the fraud (see, Matter of Ferraro v. McNab, supra;  Matter of Quinones v. Bass, 45 N.Y.2d 811, 813, 409 N.Y.S.2d 131, 381 N.E.2d 338;  Matter of Cilmi v. Suffolk County Bd. of Elections, 220 A.D.2d 587, 632 N.Y.S.2d 615;  Matter of Lefkowitz v. Cohen, 262 App.Div. 452, 29 N.Y.S.2d 817, affd. 286 N.Y. 499, 501, 36 N.E.2d 680;  Matter of Meeks v. Pruitt, supra, cf., Matter of Miller v. Gumbs, 207 A.D.2d 512, 615 N.Y.S.2d 932;  Matter of Villafane v. Caban, 104 A.D.2d 579, 580, 479 N.Y.S.2d 282).

MEMORANDUM BY THE COURT.

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