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MATTER OF RODRIGUEZ v. HARRIS

51 N.Y.2d 737 (1980)

In the Matter of Irma Rodriguez, Respondent, v. Moses S. Harris, Appellant, et al., Respondents. In the Matter of Moses S. Harris, Appellant, v. Anthony Sadowski et al., Constituting the Board of Elections of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 2, 1980.

Attorney(s) appearing for the Case

Harry Kresky for appellant.

H. Spencer Kupperman for Irma Rodriguez, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG concurs in result in a separate memorandum in which Judge MEYER concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs.

It was the factual determination of Special Term that there was no proof of forgery or fraud or that the candidate himself had participated in or had any knowledge of the irregularities in the designating petition. In this circumstance the conclusion that, that, among 4,336 signatures held valid by the Board of Elections (out of a total...

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