Never before have we imposed the sanction of depriving a primary candidate of an election victory absent a showing of that candidate's responsibility for the fraud or misconduct, nor does the record in this case warrant the imposition of such a sanction. Petitioner failed to present evidence sufficient to establish irregularities or misconduct under either the rule of Matter of De Martini v Power (
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MATTER OF BEATTY v. OWENS
57 N.Y.2d 952 (1982)
In the Matter of Vander L. Beatty, Respondent, v. Major Owens, Appellant, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 25, 1982.
Decided October 25, 1982.
Attorney(s) appearing for the Case
Chief Judge COOKE and Judges GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur; Judges JASEN and JONES dissent and vote to affirm in a separate memorandum.
Court of Appeals of the State of New York.
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