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MATTER OF PILAT v. SACHS

42 N.Y.2d 984 (1977)

In the Matter of Oliver Pilat et al., Appellants, v. Alice Sachs et al., Constituting the Board of Elections of the City of New York, and Mario M. Cuomo, Respondents.

Court of Appeals of the State of New York.

Decided August 31, 1977.

Attorney(s) appearing for the Case

John J. Keohane, Nathan Abramowitz and Kenneth Riddett for appellants.

Herbert Rubin, Fabian Palomino, Edward L. Birnbaum, Morrell I. Berkowitz and William E. Simoson for Mario M. Cuomo, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The courts below considered the question of permeation of fraud and irregularities, usually a question of fact, and resolved in each instance this question in respondents' favor. (Matter of Ruiz v McKenna, 40 N.Y.2d 815.) Consequently, the designating petition must be sustained and the order of the Appellate Division affirmed.

Order affirmed, without costs, in...

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