Opinion

Thompson v. Board of Elections

  • 287 A.D.2d 667
  • 731 N.Y.S.2d 898
  • 2001 N.Y. App. Div. LEXIS 9936
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 25, 2001
Status
Published
Cited by
0 cases
Authority
More cited than 4.5%

The opinion

—In a proceeding pursuant to Election Law § 16-102, inter alia, to set aside the result of the Democratic Party primary election held on September 25, 2001, designating the respondent George Darden as the candidate of the Democratic Party for the public office of Mayor of the Village of Spring Valley, and to declare the petitioner Allan A. Thompson, Sr., the winner of the primary, or to direct that a new Democratic Party primary election be held for that office, the appeal is from a final order of the Supreme Court, Rockland County (Sherwood, J.), dated October 12, 2001, which, after a hearing, denied the petition and dismissed the proceeding.

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

The Supreme Court properly determined that there were no irregularities with respect to the subject absentee ballots (cf., Matter of Kinebrew v Williams, 112 AD2d 1077 ). Therefore, the petitioner failed to meet his burden of showing the existence of “irregularities” which “are sufficiently large in number to establish the probability” that the result of the election was affected (Matter of Ippolito v Power, 22 NY2d 594, 595 ; see, Matter of Garson v Michaels, 176 AD2d 906 ; Matter of Belanger v Nolan, 154 AD2d 413 ).

The petitioner’s remaining contentions do not require reversal. Krausman, J. P., Schmidt, Smith and Crane, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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