Calvi v. McLaughlin

Appellate Division of the Supreme Court of New York

Calvi v. McLaughlin

264 A.D.2d 453, 694 N.Y.S.2d 444, 1999 N.Y. App. Div. LEXIS 8764

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 18, 1999

StatusPublished

Cited by6 cases

This text of 264 A.D.2d 453 (Calvi v. McLaughlin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calvi v. McLaughlin, 264 A.D.2d 453, 694 N.Y.S.2d 444, 1999 N.Y. App. Div. LEXIS 8764 (N.Y. Ct. App. 1999).

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Opinion

In a proceeding to invalidate a petition designating the individual respondents as candidates in a primary election to be held on September 14, 1999, for both the Republican and Conservative Party nominations for the public office of Council Member, Fourth Council District, City of Yonkers, the petitioner Carlo Calvi appeals from so much of a judgment of the Supreme Court, Westchester County (Fredman, J.), entered August 13, 1999, as denied his petition to invalidate the respondent Liam J. McLaughlin’s designating petition and dismissed the proceeding.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioner failed to meet his burden of establishing by clear and convincing evidence that the designating petition of the respondent Liam McLaughlin was permeated with fraud and should be invalidated (see, Matter of Buchanan v Espada, 88 NY2d 973, 975; Matter of Proskin v May, 40 NY2d 829, 830; Matter of Thomas v Simon, 89 AD2d 952, affd 57 NY2d 744). O’Brien, J. P., Santucci, Joy, Altman and Friedmann, JJ., concur.

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In a proceeding to invalidate a petition designating the individual respondents as candidates in a primary election to be held on September 14, 1999, for both the Republican and Conservative Party nominations for the public office of Council Member, Fourth Council District, City of Yonkers, the petitioner Carlo Calvi appeals from so much of a judgment of the Supreme Court, Westchester County (Fredman, J.), entered August 13, 1999, as denied his petition to invalidate the respondent Liam J. McLaughlin’s designating petition and dismissed the proceeding.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioner failed to meet his burden of establishing by clear and convincing evidence that the designating petition of the respondent Liam McLaughlin was permeated with fraud and should be invalidated (see, Matter of Buchanan v Espada, 88 NY2d 973, 975; Matter of Proskin v May, 40 NY2d 829, 830; Matter of Thomas v Simon, 89 AD2d 952, affd 57 NY2d 744). O’Brien, J. P., Santucci, Joy, Altman and Friedmann, JJ., concur.

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Bluebook (online)

264 A.D.2d 453, 694 N.Y.S.2d 444, 1999 N.Y. App. Div. LEXIS 8764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calvi-v-mclaughlin-nyappdiv-1999.

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