MATTER OF BEATTY v. Owens

443 N.E.2d 475, 57 N.Y.2d 952, 457 N.Y.S.2d 227, 1982 N.Y. LEXIS 3820

Opinions

OPINION OF THE COURT

Memorandum.

Never before have we imposed the sanction of depriving a primary candidate of an election victory absent a showing of that candidate’s responsibility for the fraud or misconduct, nor does the record in this case warrant the imposition of such a sanction. Petitioner failed to present evidence sufficient to establish irregularities or misconduct under either the rule of Matter of De Martini v Power (27 NY2d 149) and Matter of Ippolito v Power (22 NY2d 594) or Matter of Lowenstein v Larkin (40 AD2d 604, affd 31 NY2d 654). Indeed, the Appellate Division acknowl edged that the number of irregularities were not sufficient to change the result of the election or justify ordering a new election.