Matter of Mack v. Joyner

Appellate Division of the Supreme Court of New York

Matter of Mack v. Joyner

120 A.D.3d 415, 991 N.Y.S.2d 312

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

DecidedAugust 21, 2014

Docket2014 12963 260706/14

StatusPublished

Cited by1 cases

This text of 120 A.D.3d 415 (Matter of Mack v. Joyner) 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.

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Matter of Mack v. Joyner, 120 A.D.3d 415, 991 N.Y.S.2d 312 (N.Y. Ct. App. 2014).

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Opinion

Judgment, Supreme Court, Bronx County (John W. Carter, J.), entered on or about August 15, 2014, denying the petition, unanimously affirmed, without costs.

Upon review of the record, we find that the work product of certain subscribing witnesses was fraudulent. Nonetheless, we do not find, as a matter of law, that the entire designating petition is permeated with fraud (see Matter of Felder v Storobin, 100 AD3d 11, 15 [2d Dept 2012]).

We do not reach respondent’s request for affirmative relief as she did not file a notice of appeal.

Concur — Manzanet-Daniels, J.E, Richter, Feinman, Clark and Kapnick, JJ.

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Judgment, Supreme Court, Bronx County (John W. Carter, J.), entered on or about August 15, 2014, denying the petition, unanimously affirmed, without costs.

Upon review of the record, we find that the work product of certain subscribing witnesses was fraudulent. Nonetheless, we do not find, as a matter of law, that the entire designating petition is permeated with fraud (see Matter of Felder v Storobin, 100 AD3d 11, 15 [2d Dept 2012]).

We do not reach respondent’s request for affirmative relief as she did not file a notice of appeal.

Concur — Manzanet-Daniels, J.E, Richter, Feinman, Clark and Kapnick, JJ.

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120 A.D.3d 415, 991 N.Y.S.2d 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-mack-v-joyner-nyappdiv-2014.

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