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MATTER OF LERNER v. POWER

22 N.Y.2d 767 (1968)

In the Matter of Alfred D. Lerner, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, and Paul E. Boucher, Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1968.

Attorney(s) appearing for the Case

Eugene T. Rossides for appellant.

Eugene Mastropieri for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and KOREMAN. Taking no part: Judge KEATING.

Order reversed, without costs, and the designating petition invalidated in the following memorandum: The undisputed evidence establishes as a matter of law that the questioned petitions were the product of the knowing, systematic acceptance of purported signatures of innumerable persons subscribed by others, thus constituting permeating fraudulent representation...

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