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


176 A.D.2d 841 (1991)

In the Matter of Malcolm A. Smith, Appellant, v. Board of Elections of the City of New York et al., Respondents, and Juanita E. Watkins, Respondent

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

October 16, 1991


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and a new primary election is ordered between the petitioner Malcolm A. Smith and the respondent Juanita E. Watkins.

We find that the petitioner has shown sufficient irregularities, both in number and nature, to establish the probability that the primary election would have turned out differently but for the irregularities (see, Matter of Ippolito...

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