Appellate Division of the Supreme Court of New York, 1980

Gurley v. Sachs

Gurley v. Sachs
Appellate Division of the Supreme Court of New York · Decided April 18, 1980 · Kupferman
75 A.D.2d 539; 428 N.Y.S.2d 996; 1980 N.Y. App. Div. LEXIS 10937
Gurley v. Sachs

Dissenting Opinion

Kupferman, J. P.,

dissents, on the law, and would reverse and remand. The appellant candidate having presented an explanation for the alterations and changes should not have been found out of hand to have petitions permeated with fraud. The objector should have been required to go forward with some evidence of fraud.

Opinion of the Court

Judgment, Supreme Court, Bronx County, entered on April 9, 1980, affirmed, without costs and without disbursements. Concur—Birns, Fein, Sandler and Silverman, JJ.

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