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MATTER OF KELLY v. VILLA

176 A.D.2d 992 (1991)

In the Matter of Jennifer Kelly, Appellant, v. Mario Villa et al., Respondents

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

October 16, 1991

Per Curiam.

Based on the record before us, we find that petitioner has failed to meet her burden of establishing by clear and convincing evidence that respondent Mario Villa's nominating petition was permeated by fraud and should be invalidated (see, Matter of Thomas v Simon, 89 A.D.2d 952, affd 57 N.Y.2d 744).

Ordered that the order is affirmed,...

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