MATTER OF THOMAS v. SIMON


89 A.D.2d 952 (1982)

In the Matter of Liliane Thomas, Respondent, v. Lew M. Simon, Appellant, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 1, 1982


Judgment reversed, on the law, without costs or disbursements, proceeding dismissed and the Board of Elections is directed to place Lew M. Simon's name on the appropriate ballot.

Petitioner failed to meet her burden of establishing by clear and convincing evidence (see Simcuski v Saeli, 44 N.Y.2d 442, 452) that appellant's designating petition was permeated by fraud and should be invalidated. We further find on the record...

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