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

Appellate Division of the Supreme Court of the State of New York·Decided August 21, 2014·No. 2014 12963 260706/14·Published·Cited by 1 cases

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.

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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