MATTER OF DAUBNER v. Dinkins

303 N.E.2d 73, 33 N.Y.2d 649, 348 N.Y.S.2d 556, 1973 N.Y. LEXIS 1053

Opinion

Order affirmed, without costs, in the following memorandum: In our view, since the irregularities were, to quote from Matter of Ippolito v. Power (22 N Y 2d 594, 597-598), “ sufficiently large in number to establish the probability that the result would be changed by * * * invalidation ’ ’ of the votes, the order directing a new primary election should be affirmed (see, also, Matter of Mach v. Cocuzzo, 22 N Y 2d 901; Matter of Nodar v. Power, 18 N Y 2d 697).

Concur: Chief Judge Fuld and Judges Burke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.