MATTER OF LISA v. BD. OF ELECTIONS OF THE CITY OF NEW YORK


40 N.Y.2d 911 (1976)

In the Matter of Joseph F. Lisa, Appellant, v. Board of Elections of the City of New York, and Ivan C. Lafayette, Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1976.


Attorney(s) appearing for the Case

Sol R. Dunkin for appellant.

Paul H. Asofsky for Ivan C. Lafayette, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge FUCHSBERG taking no part.


MEMORANDUM.

Even if we were to assume that the campaign practices complained of constituted frauds or irregularities within subdivision 2 of section 330 of the Election Law, petitioner failed to sustain his burden of proving a causal connection between the alleged incidents of campaign fraud and the outcome of the primary election in question.

As to the 179 invalid or suspect votes found by Special Term, petitioner...

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