Appellate Division of the Supreme Court of New York, 1982

Thomas v. Simon

Appellate Division of the Supreme Court of New York · Decided September 1, 1982

89 A.D.2d 952; 454 N.Y.S.2d 98; 1982 N.Y. App. Div. LEXIS 18198

Cases that cite this one

11 later published cases cite this decision.

Butler v. Duvalle (Appellate Division of the Supreme Court of New York 2006)
Perez v. Galarza (Appellate Division of the Supreme Court of New York 2005)
McRae v. Jennings (Appellate Division of the Supreme Court of New York 2003)
Ragusa v. Roper (Appellate Division of the Supreme Court of New York 2001)
Calvi v. McLaughlin (Appellate Division of the Supreme Court of New York 1999)
Kelly v. Villa (Appellate Division of the Supreme Court of New York 1991)
McCrudden v. Wilson (Appellate Division of the Supreme Court of New York 1989)
Miller v. Boyland (Appellate Division of the Supreme Court of New York 1988)
Caesar v. Sachs (Appellate Division of the Supreme Court of New York 1987)
Bruno v. Lefever (Appellate Division of the Supreme Court of New York 1985)
D'Andre v. Canary (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from a judgment of the Supreme Court, Queens County (Zelman, J.), dated August 30,1982, which granted an application to invalidate the appellant’s designating petition. 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 NY2d 442, 452) that appellant’s designating petition was permeated by fraud and should be invalidated. We further find on the record before us that the inclusion of Celia Kirschman’s name on the designating petition containing 25 names of candidates did not furnish a basis for invalidating the entire petition (cf. Matter of Richardson v Luizzo, 64 AD2d 942, affd 45 NY2d 789; Matter of Parrilla v Kremar, 64 AD2d 942; Matter of Berman v Venturing 64 AD2d 940). Lazer, J. P., Gibbons, Gulotta, Bracken and Niehoff, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.