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MATTER OF PROSKIN v. MAY

40 N.Y.2d 829 (1976)

In the Matter of Arnold W. Proskin, Appellant, v. Stephen R. May et al., Constituting the Board of Elections of the State of New York, and Howard C. Nolan, Jr., Respondent.

Court of Appeals of the State of New York.

Decided September 10, 1976.

Attorney(s) appearing for the Case

Stephen R. Coffey for appellant.

Larry N. Volk for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and JONES concur in Per Curiam opinion; Judge COOKE dissents and votes to affirm in a separate opinion in which Judge FUCHSBERG concurs; Judge WACHTLER taking no part.

Per Curiam.

The order of the Appellate Division should be reversed and the disposition at Special Term reinstated.

It is true that in the face of the affirmative finding by both lower courts that the remaining 104 signatures were valid, the fraud and irregularities found by Special Term and affirmed at the Appellate Division with respect to the 116 invalid signatures cannot in this instance support an inference that

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